Document ID: chunk:federal_register_of_legislation:C2024C00582:section:303
Version: federal_register_of_legislation:C2024C00582
Segment Type: section
Provision Reference: s 303
Character Range: 387052–388912

303  Delegation

General powers
 (1) The Secretary may, in writing, delegate all or any of his or her powers under this Act (other than paragraph 128(1)(b) (which deals with disclosing information to Agency Heads)) to:
 (a) an officer; or
 (b) without limiting paragraph (a), a person engaged (whether as an employee or otherwise) by:
 (i) an Agency (within the meaning of the Public Service Act 1999); or
 (ii) another authority of the Commonwealth; or
 (iii) an organisation that performs services for the Commonwealth.
 (1A) Paragraphs (1)(a) and (b) do not apply to the Chief Executive Centrelink, Chief Executive Medicare or an APS employee in the Human Services Department.
 (2) The Secretary may, in writing, delegate all or any of his or her powers under this Act (other than paragraph 128(1)(b) (which deals with disclosing information to Agency Heads)) to the Chief Executive Centrelink, the Chief Executive Medicare or an APS employee in the Human Services Department.

Power under paragraph 128(1)(b)
 (4) The Secretary cannot delegate to anyone except the Chief Executive Centrelink or the Chief Executive Medicare the Secretary's power under paragraph 128(1)(b) to disclose information to an Agency Head (within the meaning of the Public Service Act 1999).
 (5) If the Secretary delegates his or her power under paragraph 128(1)(b) to the Chief Executive Centrelink, the Chief Executive Centrelink cannot, despite any provision in the Human Services (Centrelink) Act 1997, delegate that power to a Departmental employee (within the meaning of that Act).
 (6) If the Secretary delegates his or her power under paragraph 128(1)(b) to the Chief Executive Medicare, the Chief Executive Medicare cannot, despite any provision in the Human Services (Medicare) Act 1973, delegate that power to a Departmental employee (within the meaning of that Act).