Document ID: chunk:federal_register_of_legislation:C2021A00124:clause:1_49a:p2
Version: federal_register_of_legislation:C2021A00124
Segment Type: clause
Provision Reference: sch 1 cl 49A (pt 2/2)
Character Range: 140027–142195

the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1) and information mentioned in subsection (2).
 (9) The relevant chief executive may, in writing, delegate the powers and functions mentioned in subsection (10) to a person who is an SES employee, or an acting SES employee, in the Department.
Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.
 (10) The powers and functions that may be delegated are:
 (a) powers under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) and information mentioned in subsection (2); and
 (b) powers and functions under the Regulatory Powers Act that are incidental to a power mentioned in paragraph (a).
 (11) A person exercising powers or performing functions under a delegation under subsection (9) must comply with any directions of the relevant chief executive.

Relevant court
 (12) For the purposes of Part 2 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1) and information mentioned in subsection (2):
 (a) the Federal Court of Australia;
 (b) the Federal Circuit Court of Australia; and
 (c) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.

Premises
 (13) An authorised person must not enter premises under Part 2 of the Regulatory Powers Act, as it applies in relation to the provisions mentioned in subsection (1) and information mentioned in subsection (2), if the premises are used solely or primarily as a residence.

Person assisting
 (14) An authorised person may be assisted by other persons in exercising powers, or performing functions or duties, under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) and information mentioned in subsection (2).

External Territories
 (15) Part 2 of the Regulatory Powers Act, as it applies in relation to the provisions mentioned in subsection (1) and information mentioned in subsection (2), extends to every external Territory.