Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_7:p8
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 7 (pt 8/10)
Character Range: 626472–629334

238‑1  Delegations by Secretary
 (1) The *Secretary may, in writing, delegate to an APS employee all or any of the powers of the Secretary under this Act, the regulations or any Guidelines made under section 238‑10.
 (2) The *Secretary may, in writing, delegate to a *review officer of a higher education provider the Secretary's powers under Division 209 to reconsider *reviewable decisions made by the provider:
 (a) under subsection 36‑12(2) or 36‑20(1); or
 (b) relating to Chapter 3.
 (2A) The *Secretary may, in writing, delegate to a *review officer of *Open Universities Australia the Secretary's powers under Division 209 to reconsider *reviewable decisions made by Open Universities Australia relating to Chapter 3.
 (2B) A review officer of *Open Universities Australia is a person, or a person included in a class of persons, whom:
 (a) the chief executive officer of Open Universities Australia; or
 (b) a delegate of the chief executive officer of Open Universities Australia;
has appointed to be a review officer of Open Universities Australia for the purposes of reviewing decisions made by it relating to assistance under Chapter 3.
 (3) In exercising powers under the delegation, the delegate must comply with any directions of the *Secretary.

238‑5  Delegations by Minister
 (1) The Minister may, by writing, delegate to:
 (a) the *Secretary; or
 (aa) the *Higher Education Tuition Protection Director; or
 (b) an APS employee;
all or any of the Minister's powers under this Act (other than under section 38‑45, 41‑45 or 46‑40).
 (2) In exercising powers under the delegation, the delegate must comply with any directions of the Minister.

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