Document ID: chunk:federal_register_of_legislation:C2016C00568:clause:1_7a
Version: federal_register_of_legislation:C2016C00568
Segment Type: clause
Provision Reference: sch 1 cl 7A
Character Range: 16963–19110

7A  Delegation by the Administrator
 (1) The Administrator may, by writing, delegate any or all of the Administrator's functions and powers to:
 (a) the Executive Director; or
 (b) an employee of the Administration; or
 (c) a person who holds, or performs the duties of, an office under an enactment; or
 (d) an employee of a body corporate established by or under an enactment.

Directions
 (2) A delegate must comply with:
 (a) any written directions of the Administrator; and
 (b) any written directions of the responsible Commonwealth Minister.
 (3) A direction under subsection (2) may be of a general or specific nature.
 (4) If directions of the Administrator under subsection (2) are inconsistent with directions of the responsible Commonwealth Minister under that subsection, the directions of the responsible Commonwealth Minister prevail, and the directions of the Administrator are, to the extent of the inconsistency, invalid.
 (5) For the purposes of subsection (4), directions of the Administrator are taken to be consistent with directions of the responsible Commonwealth Minister to the extent that they are capable of operating concurrently.
 (6) The responsible Commonwealth Minister may, by written notice given to a delegate of the Administrator, direct that, before the delegate exercises a specified power or performs a specified function, the delegate must:
 (a) notify the responsible Commonwealth Minister of the delegate's intention to exercise that power or perform that function; and
 (b) do so at least the specified number of days before exercising that power or performing that function.

Other matters
 (7) If a function or power conferred by a law other than this Act is delegated under subsection (1) of this section, then paragraph 34AB(1)(c), subsections 34AB(2) and (3) and section 34A of the Acts Interpretation Act 1901 apply to the delegation in the same way as they apply to a delegation under subsection (1) of this section of a function or power conferred by this Act.
 (8) This section does not, by implication, prevent a power of delegation from being conferred on the Administrator by an enactment.