Document ID: chunk:federal_register_of_legislation:C2025C00015:section:542
Version: federal_register_of_legislation:C2025C00015
Segment Type: section
Provision Reference: s 542
Character Range: 856552–858415

542  Delegation and subdelegation

Delegation by Director of Biosecurity
 (1) The Director of Biosecurity may, in writing, delegate any or all of the Director's functions or powers under this Act to an SES employee, or an acting SES employee, in the Agriculture Department. The functions or powers that may be delegated under this subsection:
 (a) include functions or powers the Director has as a relevant chief executive, authorised applicant, infringement officer or authorised person for the purposes of a provision of the Regulatory Powers Act because of this Act; and
 (b) exclude:
 (i) the power to make the determination under section 308A; and
 (ii) functions and powers under subsections 541(1) and 618(2) of this Act.
Note 1: The expressions SES employee and acting SES 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.

Subdelegation
 (2) If, under subsection (1), the Director of Biosecurity delegates a function or power to an SES employee or an acting SES employee in the Agriculture Department, the employee may, in writing, subdelegate the function or power to a person who:
 (a) is a biosecurity officer; or
 (b) is a biosecurity enforcement officer; or
 (c) holds, or is acting in, an Executive Level 1 or 2, or equivalent, position in the Agriculture Department.

Powers and functions that must not be subdelegated
 (3) However, a power or a function under a provision of this Act referred to in the following table must not be subdelegated under subsection (2):

Powers and functions that must not be subdelegated
Item                                                Powers and functions                                                                                                                                                   Provision