Document ID: chunk:federal_register_of_legislation:F2024C01082:reg:105
Version: federal_register_of_legislation:F2024C01082
Segment Type: reg
Provision Reference: reg 105
Character Range: 137082–139337

105  Delegations

Australian Public Service Commissioner
 (1) The Australian Public Service Commissioner may, in writing, delegate to a person any of the Australian Public Service Commissioner's powers or functions under this instrument (other than this section).

Merit Protection Commissioner
 (2) The Merit Protection Commissioner may, in writing, delegate to an APS employee any of the Merit Protection Commissioner's powers or functions under this instrument (other than this section).
Note: The Merit Protection Commissioner may also, on behalf of the Commonwealth, engage consultants to assist in the performance of the Merit Protection Commissioner's functions (see subsection 49(3) of the Act).

Agency Heads
 (3) An Agency Head may, in writing, delegate to a person any of the Agency Head's powers or functions under this instrument (other than this section).
 (4) However, an Agency Head must not delegate powers or functions to an outsider without the prior written consent of the Australian Public Service Commissioner.
Note: For outsider, see subsection (9).
 (5) A person (the first delegate) to whom powers or functions are delegated under subsection (3) may, in writing, delegate any of the powers or functions to another person (the second delegate).
 (6) However, if the first delegate is subject to directions about the exercise of a power or function delegated under subsection (5), the first delegate must give corresponding directions to the second delegate.
 (7) A power or function that is exercised or performed by a person under a delegation under subsection (5) is taken, for the purposes of this instrument, to have been exercised or performed by the person who originally delegated the corresponding power or function under subsection (3).

Delegate must comply with directions of delegator
 (8) A person exercising powers or functions under a delegation under this section must comply with any directions of the person who delegated the power or function.

Meaning of outsider
 (9) In this section:
outsider means a person other than:
 (a) an APS employee; or
 (b) a member of the Australian Defence Force; or
 (c) a person appointed to an office by the Governor‑General, or by a Minister, under a law of the Commonwealth.