53Delegation by Secretary

#### 53 Delegation by Secretary (1) The Secretary may, by writing, delegate any of his or her functions or powers under a law of the Commonwealth to: (a) the Australian Border Force Commissioner; or (b) an Immigration and Border Protection worker. (2) However, subsection (1) does not apply in relation to: (a) section 30 (resignation in anticipation of termination of employment); or (b) section 32 (termination of employment for serious misconduct); or (c) the Migration Act 1958 or an instrument under that Act. > Note: Section 496 of the Migration Act 1958 deals with delegation by the Secretary of his or her powers under that Act. Directions to delegates (3) An Immigration and Border Protection worker must, in performing functions or exercising powers under a delegation under subsection (1), comply with any written directions of the Secretary. Subdelegation by Australian Border Force Commissioner (4) If the Australian Border Force Commissioner is delegated functions or powers under subsection (1), the Commissioner may, by writing, delegate any of those functions or powers to the following: (a) a person who is covered by paragraph (a) of the definition of Immigration and Border Protection worker in subsection 4(1) and who is in the Australian Border Force; (b) a person who is covered by paragraph (b), (c), (d), (e) or (f) of that definition and whose services are made available to, or who is performing services for, the Australian Border Force. (5) An Immigration and Border Protection worker must, in performing functions or exercising powers under a delegation under subsection (4), comply with any written directions of the Australian Border Force Commissioner. (6) The Australian Border Force Commissioner must not give directions under subsection (5) in relation to particular functions or powers that are inconsistent with any directions given under subsection (3) in relation to those functions or powers. (7) A function that is performed or a power that is exercised by an Immigration and Border Protection worker under a delegation under subsection (4) is taken, for the purposes of the law referred to in subsection (1), to have been performed or exercised by the Secretary.