Document ID: chunk:federal_register_of_legislation:C2020A00101:clause:2_65
Version: federal_register_of_legislation:C2020A00101
Segment Type: clause
Provision Reference: sch 2 cl 65
Character Range: 76783–78510

65  Subsection 238‑6
Repeal the section, substitute:

238‑6  Delegations by Higher Education Tuition Protection Director
 (1) The *Higher Education Tuition Protection Director may, in writing, delegate all or any of the Director's functions or powers under this Act (other than paragraphs 167‑20(1)(e) and (ea) and Part 5‑8) or the *TEQSA Act (other than Division 5 of Part 7 of that Act) to an APS employee who holds or performs the duties of an APS Level 6 position, or an equivalent or higher position, in the Department.
Note 1: Paragraphs 167‑20(1)(e) and (ea) give the Higher Education Tuition Protection Director the functions of making a legislative instrument under section 13 of the Higher Education Support (HELP Tuition Protection Levy) Act 2020 and section 13 of the Higher Education (Up‑front Payments Tuition Protection Levy) Act 2020.
Note 2: Paragraph 167‑20(1)(g) of this Act gives the Higher Education Tuition Protection Director certain functions in relation to tuition protection under the TEQSA Act.
 (2) Before delegating a function or power under subsection (1), the Higher Education Tuition Protection Director must have regard to:
 (a) if the function or power 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 perform the function or exercise the power; or
 (b) otherwise—whether the employee has appropriate qualifications or expertise to perform the function or duty or exercise the power.
 (3) In performing functions or exercising powers under the delegation, the delegate must comply with any directions of the *Higher Education Tuition Protection Director.