Document ID: chunk:federal_register_of_legislation:C2024A00081:clause:2_3
Version: federal_register_of_legislation:C2024A00081
Segment Type: clause
Provision Reference: sch 2 cl 3
Character Range: 144261–145317

3                                a power or function under section 73ZM (compliance notices)                                                         an APS employee in the Commission who holds, or performs the duties of, an Executive Level 1 or 2, or equivalent, position

Note 1: The expressions SES employee, acting SES employee and APS employee are defined in section 2B of the Acts Interpretation Act 1901.
Note 2: See also sections 34AA and 34AB of the Acts Interpretation Act 1901.
 (2) Before delegating a power or function under subsection (1) to an APS employee covered by item 2 or 3 of the table in that subsection, the Commissioner must have regard to:
 (a) if the power or function is delegated to an APS employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the employee to exercise the power or perform the function; or
 (b) otherwise—whether the employee has appropriate qualifications or expertise to exercise the power or perform the function.