Document ID: chunk:federal_register_of_legislation:C2024C00632:section:57:p1
Version: federal_register_of_legislation:C2024C00632
Segment Type: section
Provision Reference: s 57 (pt 1/3)
Character Range: 1106447–1109157

57  Delegation
 (1) Subject to subsections (2), (6) and (8) to (11), the Minister or the Secretary may, by signed instrument, delegate to:
 (a) an officer of the Department; or
 (b) an officer of an authority of the Commonwealth that has functions in relation to therapeutic goods; or
 (ba) an APS employee in an Agency (within the meaning of the Public Service Act 1999) that has functions in relation to therapeutic goods; or
 (c) a person occupying or acting in an office, or holding an appointment, declared by the regulations to be an office or appointment the occupant or holder of which may be a delegate under this section; or
 (d) a person seconded to the Department from:
 (i) an authority of a State or a Territory that has functions relating to therapeutic goods, health or law enforcement; or
 (ii) a national regulatory authority of a foreign country that has national responsibility relating to therapeutic goods, health or law enforcement; or
 (iii) an international organisation that has a function relating to therapeutic goods, health or law enforcement;
all or any of his or her powers and functions under this Act.
 (1A) The Secretary may, by signed instrument, delegate all or any of the Secretary's powers and functions under Chapter 5A (enforcement), section 52AAA (forfeiture of things seized under search warrant) or section 52AAB (return or retention of thing declared not to be forfeited) to an officer of:
 (a) a Department of State of a State; or
 (b) a Department or administrative unit of the Public Service of a Territory; or
 (c) an authority of a State or of a Territory;
being a Department, unit or authority that has functions relating to therapeutic goods, health or law enforcement. This subsection does not limit subsection (1).
 (2) The powers of the Secretary under paragraph 19(1)(a), 32CK(1)(d) or 41HB(1)(d) may be delegated under subsection (1) only to a person referred to in paragraph (1)(a) or (c) who is registered, or eligible for registration, in a State or internal Territory, as a medical or dental practitioner or as a pharmacist.
 (3) Subject to the regulations, the Secretary may, in such circumstances as are prescribed, by signed instrument, delegate all or any of his or her powers under paragraph 19(1)(a), 32CK(1)(d) or 41HB(1)(d) to a person who is registered, in a State or internal Territory, as a medical or dental practitioner.
 (4) A delegate under subsection (3) is, in the exercise of a delegated power, subject to the directions of:
 (a) the Secretary; or
 (b) an officer of the Department authorised in writing by the Secretary; or
 (c) a person referred to in paragraph (1)(c).
 (5) Without limiting the generality of matters that may be