Document ID: chunk:federal_register_of_legislation:C2004A02927:body:0:p17
Version: federal_register_of_legislation:C2004A02927
Segment Type: other
Provision Reference: 
Character Range: 43673–46383

substituting the following sub-section:
        "(5) In sub-section (3), 'relevant Act' means—
        (a) this Act; and
        (b) the Merit Protection (Australian Government Employees) Act 1984.".
(2) Notwithstanding the omission of sub-sections 25 (5) and (6) of the Principal Act by sub-section (1), a delegation in force under sub-section 25 (5) of the Principal Act immediately before the date of commencement of this section continues in force, on and after that date, as if it had been made under section 26 of the Public Service Act 1922 as amended by section 15 of this Act.
15. (1) Section 26 of the Principal Act is repealed and the following sections are substituted:

Delegation by Secretaries of Departments
"26. (1) Subject to sub-section (4), a Secretary may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to a person (not being a person engaged as a consultant under section 4 of the Members of Parliament (Staff) Act 1984) all or any of his powers or functions under—
     (a) a relevant Act;
     (b) the regulations made under a relevant Act;
     (c) a determination under sub-section 9 (7a) or section 82d; or
     (d) an industrial award, other than this power of delegation.
"(2) A power or function so delegated, when exercised or performed by the delegate, shall, for the purposes of the relevant Act, the regulations, the determination or the industrial award, as the case requires, be deemed to have been exercised or performed, as the case may be, by the Secretary.
"(3) A delegation by a Secretary under this section does not prevent the exercise of the power or the performance of the function, as the case requires, by the Secretary.
"(4) A Secretary is not empowered to delegate a power or function under sub-section (1) to a person who is not—
     (a) an officer or an employee; or
     (b) a person appointed to an office, under a law of the Commonwealth, by the Governor-General or a Minister,
unless the Board approves, in writing, the delegation of the power or function to that person.
"(5) The reference in sub-section (1) to the powers or functions that may be delegated by a Secretary includes a reference to a power or function that the Secretary may exercise or perform by virtue of sub-section 25 (3).
"(6) In this section, 'relevant Act' means—
     (a) this Act; or
     (b) the Merit Protection (Australian Government Employees) Act 1984.

Chief Officers
"26a. (1) The Secretary of a Department may, in writing, appoint—
     (a) an officer or an employee; or
     (b) a person appointed to an office, under a law of the Commonwealth, by the Governor-General or a Minister, to be a Chief Officer