Document ID: chunk:federal_register_of_legislation:C2025C00129:section:3
Version: federal_register_of_legislation:C2025C00129
Segment Type: section
Provision Reference: s 3
Character Range: 467128–468333

3                                a power or function under section 73ZM (compliance notices)                                                         an APS employee in the Commission who holds, or performs the duties of, an Executive Level 1 or 2, or equivalent, position

Note 1: The expressions SES employee, acting SES employee and APS employee are defined in section 2B of the Acts Interpretation Act 1901.
Note 2: See also sections 34AA and 34AB of the Acts Interpretation Act 1901.
 (2) Before delegating a power or function under subsection (1) to an APS employee covered by item 2 or 3 of the table in that subsection, the Commissioner must have regard to:
 (a) if the power or function is delegated to an APS employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the employee to exercise the power or perform the function; or
 (b) otherwise—whether the employee has appropriate qualifications or expertise to exercise the power or perform the function.
 (3) A person exercising powers or performing functions under a delegation under subsection (1) must comply with any directions of the Commissioner.