Document ID: chunk:federal_register_of_legislation:C2005A00026:clause:1_40
Version: federal_register_of_legislation:C2005A00026
Segment Type: clause
Provision Reference: sch 1 cl 40
Character Range: 14273–16454

40  After subsection 120A(2)
Insert:

 (3) The Governor‑General may, by instrument in writing, delegate all or any of his or her powers under sections 100, 101 and 104 to:
 (a) an officer of the Army who holds the rank of Lieutenant‑General or a higher rank; or
 (b) an officer of the Navy who holds the rank of Vice‑Admiral or a higher rank; or
 (c) an officer of the Air Force who holds the rank of Air Marshal or a higher rank.

 (3A) The Secretary and the Chief of the Defence Force may, by instrument in writing signed by each of them, delegate all or any of the powers that they hold jointly under subsections 9A(1) and (2) to issue the instructions known as Defence Instructions (General) to:
 (a) an officer of the Army who holds the rank of Major‑General or a higher rank; or
 (b) an officer of the Navy who holds the rank of Rear‑Admiral or a higher rank; or
 (c) an officer of the Air Force who holds the rank of Air Vice‑Marshal or a higher rank; or
 (d) an SES employee who holds an SES Band 2 position, or an equivalent or higher position, in the Department.

 (3B) The Secretary and the Chief of the Defence Force may, by instrument in writing signed by each of them, delegate all or any of the powers that they hold jointly under subsections 9A(1) and (2) to issue the instructions known as Defence Instructions (General) to 2 persons to exercise jointly.

 (3C) Each person to whom a power is delegated under subsection (3B) must be a person specified in paragraph (3A)(a), (b), (c) or (d).

 (3D) To avoid doubt, the powers of delegation under subsections (3A) and (3B) extend only to the powers of the Secretary and the Chief of the Defence Force to issue Defence Instructions (General), and not to any other powers that the Secretary and the Chief of the Defence Force have under that section.

 (3E) The Chief of the Defence Force may, by instrument in writing, delegate his or her power under section 93A to:
 (a) an officer of the Army who holds the rank of Brigadier or a higher rank; or
 (b) an officer of the Navy who holds the rank of Commodore or a higher rank; or
 (c) an officer of the Air Force who holds the rank of Air Commodore or a higher rank.