Document ID: chunk:federal_register_of_legislation:C2025C00022:section:3
Version: federal_register_of_legislation:C2025C00022
Segment Type: section
Provision Reference: s 3
Character Range: 472618–474340

3                                  To make rules                                                                            Section 432

Note 1: The reference to this Act includes a reference to instruments made under this Act (see the definition of this Act in section 12).
Note 2: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.
Note 3: See also sections 34AA and 34AB of the Acts Interpretation Act 1901.

Subdelegation
 (2) If, under subsection (1), the Secretary delegates a function or power to an SES employee or an acting SES employee in the Department, the employee may, in writing, subdelegate the function or power to:
 (a) an authorised officer; or
 (b) an APS employee in the Department; or
 (c) if the function or power is to issue export permits for a kind of prescribed goods under section 225 (and without limiting paragraph (a) or (b) of this subsection)—a nominated export permit issuer in relation to prescribed goods of that kind.
Note 1: Section 225 deals with issuing export permits.
Note 2: An authorised officer may only perform a function, or exercise a power, if that function or power is specified in the authorised officer's instrument of authorisation (see subsection 301(1)).

Powers that must not be subdelegated
 (3) However, a power under a provision of this Act referred to in the following table must not be subdelegated under subsection (2):

Powers that must not be subdelegated
Item                                  Power                                                                                                                                                                                        Provision