71Delegations

71 Delegations

(1A) The Secretary may, in writing, delegate to an APS employee who holds or performs the duties of an Executive Level 2 position, or an equivalent position, in the Department, any or all of the Secretary’s powers or functions under the following: (a) section 13A (issuing building energy efficiency certificates); (b) section 17 (granting exemptions); (c) section 18 (information gathering); (d) section 25 (accrediting or refusing to accredit assessors); (e) paragraph 33(2)(b) (providing or approving ratings and assessments for building energy efficiency certificates). (1) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department any or all of the Secretary’s powers or functions under this Act, other than the following: (a) this power of delegation; (e) the Secretary’s powers under section 15 (determining manner of advertisement); (f) the Secretary’s powers under section 21 (determining assessment methods and standards); (g) the Secretary’s power under subsection 33(1) (appointment of auditing authority); (h) the Secretary’s power under subsection 33(3) (policies for auditing authority); (i) the Secretary’s power under subsection 65(4) (withholding or deleting an instance of non‑disclosure); (j) the Secretary’s power under subsection 66(1) (issue of evidentiary certificate); (k) the Secretary’s power under subsection 68(4) (internal review of certain decisions); (l) the Secretary’s power under section 71A (approving an issuing authority). (2) The Secretary may, in writing, delegate to an issuing authority approved under section 71A: (a) the Secretary’s powers under subsections 14(4) and (5); and (b) any of the Secretary’s powers and functions under Part 3. (3) In exercising powers or performing functions delegated under subsection (1) or (2), the delegate must comply with any directions of the Secretary.