Document ID: chunk:federal_register_of_legislation:C2024C00561:section:130:p2
Version: federal_register_of_legislation:C2024C00561
Segment Type: section
Provision Reference: s 130 (pt 2/3)
Character Range: 190260–192939

of Part 2 of the Regulatory Powers Act, a magistrate is an issuing officer in relation to the provisions mentioned in subsection (1), the information mentioned in subsection (2) and the matter mentioned in subsection (3).

Relevant chief executive
 (8) For the purposes of Part 2 of the Regulatory Powers Act, the relevant chief executive in relation to the provisions mentioned in subsection (1), the information mentioned in subsection (2) and the matter mentioned in subsection (3) is:
 (a) to the extent that Part relates to an authorised person who is an authorised officer of TEQSA—the Chief Executive Officer of TEQSA; or
 (b) to the extent that Part relates to an authorised person who is an authorised officer of the National VET Regulator—the National VET Regulator; or
 (c) to the extent that Part relates to an authorised person who is an authorised officer of the Secretary—the Secretary; or
 (d) to the extent that Part relates to an authorised person who is an authorised officer of any other entity—the head (however described) of that entity.
 (9) The relevant chief executive covered by paragraph (8)(a), (b) or (c) may, in writing, delegate the powers and functions mentioned in subsection (10) to:
 (a) for the Chief Executive Officer of TEQSA—a member of the staff of TEQSA (within the meaning of the TEQSA Act) who is:
 (i) an SES employee or an acting SES employee; or
 (ii) an APS employee who holds or performs the duties of an Executive Level 1 or 2 position or an equivalent position; or
 (b) for the National VET Regulator—a member of the staff of the Regulator (within the meaning of the NVETR Act) who is:
 (i) an SES employee or an acting SES employee; or
 (ii) an APS employee who holds or performs the duties of an Executive Level 1 or 2 position or an equivalent position; or
 (c) for the Secretary—an SES employee, or an acting SES employee, in the Department.
 (10) The powers and functions that may be delegated are:
 (a) powers and functions under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1), the information mentioned in subsection (2) and the matter mentioned in subsection (3); and
 (b) powers and functions under the Regulatory Powers Act that are incidental to a power or function mentioned in paragraph (a).
 (11) A person exercising powers or performing functions under a delegation under subsection (9) must comply with any directions of the relevant chief executive.

Relevant court
 (12) For the purposes of Part 2 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1), the information mentioned in