Aged Care Act 2024
411Delegation by relevant chief executive—System Governor functions
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411 Delegation by relevant chief executive—System Governor functions
(1) The relevant chief executive under section 400 may, in writing, delegate the powers and functions mentioned in subsection (2) of this section to an SES employee, or an acting SES employee, in the Department.
(2) The powers and functions that may be delegated are:
(a) powers and functions under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection 397(1) and the information mentioned in subsection 397(2) of this Act that relate to a function of the System Governor; and
(b) powers and functions under the Regulatory Powers Act that are incidental to a power or function mentioned in paragraph (a).
(3) A person exercising powers or performing functions under a delegation under subsection (1) must comply with any written directions of the relevant chief executive under section 400.
Part 3—Investigating under Part 3 of the Regulatory Powers Act
Division 1—Triggering Part 3 of the Regulatory Powers Act
412 Provisions subject to investigation
A provision is subject to investigation under Part 3 of the Regulatory Powers Act if it is:
(a) an offence provision of this Act; or
(b) a civil penalty provision of this Act; or
(c) an offence provision of the Crimes Act 1914 or the Criminal Code, to the extent that it relates to this Act.
Note 2: Part 3 of the Regulatory Powers Act creates a framework for investigating whether a provision has been contravened. It includes powers of entry, search and seizure.