Document ID: chunk:federal_register_of_legislation:C2024A00104:section:567
Version: federal_register_of_legislation:C2024A00104
Segment Type: section
Provision Reference: s 567
Character Range: 812277–813921

567  Delegation by System Governor—general

Delegation to persons engaged by Commonwealth entities
 (1) Subject to subsection (4), the System Governor may, in writing, delegate all or any of the System Governor's functions or powers under this Act, other than Parts 2 to 9 of Chapter 6 (regulatory mechanisms), to a person engaged (whether as an employee or otherwise) by a Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013.
Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.

Delegation to holders of specified non‑SES offices or positions
 (2) Before delegating a function or power under subsection (1) to an APS employee holding, occupying, or performing the duties of a specified office or position that is not an SES office or position, the System Governor must have regard to whether the office or position is sufficiently senior for the employee to perform the function or exercise the power.

Delegation to persons who are not APS employees
 (3) Before delegating a function or power under subsection (1) to a person who is not an APS employee, the System Governor must have regard to whether the person has appropriate qualifications or expertise to perform the function or exercise the power.

Limitation—automation of administrative action
 (4) The System Governor may only delegate the System Governor's function or power under subsection 582(1) (which deals with automation of administrative action) to an APS employee in the Department who is holding, occupying, or performing the duties of an SES office or position.