Document ID: chunk:federal_register_of_legislation:F2024N00364:reg:5
Version: federal_register_of_legislation:F2024N00364
Segment Type: reg
Provision Reference: reg 5
Character Range: 2408–4114

5  Delegations relating to designated complaints

Delegation
 (1) Under subsection 154ZY(1) of the Act, each person holding, occupying or performing the duties of each of the following offices or positions in the Treasury, is delegated the Minister's powers and functions under Part XIE of the Act (other than under a provision listed in subsection (2)):
 (a) the Secretary;
 (b) a Deputy Secretary;
 (c) an SES employee.

Powers or functions reserved to the Minister
 (2) For the purposes of subsection (1), a power or function of the Minister under any of the following provisions is not delegated under this section:
 (a) subsection 154ZQ(1) of the Act (about granting approval as a designated complainant);
 (b) subsection 154ZR(1) of the Act (about specifying that an approval as a designated complainant is subject to conditions);
 (c) subsection 154ZV(1) of the Act (about varying or revoking approval as a designated complainant);
 (d) section 154ZZ of the Act (about the designated complaints determination).
Note: The Minister's powers and functions that may be delegated under subsection 154ZY(1) do not include the Minister's power to delegate—see paragraph 34AB(1)(b) of the Acts Interpretation Act 1901.

Directions
 (3) Under subsection 154ZY(2) of the Act, a delegate under subsection (1) is directed to exercise the power or function in a manner consistent with all of the following:
 (a) the delegate must consult with the Minister, or the Minister's office, about whether the Minister would prefer to be the decision-maker, before the delegate gives a notice setting out conditions for which an approval maybe subject, or proposing to vary or revoke approval of a designated complainant.