Document ID: chunk:federal_register_of_legislation:C2020A00101:clause:1_201a
Version: federal_register_of_legislation:C2020A00101
Segment Type: clause
Provision Reference: sch 1 cl 201A
Character Range: 59719–60948

201A  Delegation by Secretary
 (1) The Secretary may, in writing, delegate all or any of the Secretary's functions or powers under this Act (other than paragraph 134(1)(i) or Division 5 of Part 7) to an APS employee who holds or performs the duties of an APS Level 6 position, or an equivalent or higher position, in the Department.
 (2) The Secretary may, in writing, delegate the Secretary's functions or powers under the Regulatory Powers Act as it applies in relation to Part 5A of this Act, to an SES employee, or an acting SES employee, in the Department.
 (3) Before delegating a function or power under subsection (1) or (2), the Secretary must have regard to:
 (a) if the function or power 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 perform the function or exercise the power; or
 (b) otherwise—whether the employee has appropriate qualifications or expertise to perform the function or duty or exercise the power.
 (4) In performing functions or exercising powers under a delegation under subsection (1) or (2), the delegate must comply with any directions of the Secretary.