35Delegation by the Regulator

#### 35 Delegation by the Regulator (1) The Regulator may, by writing, delegate any or all of its functions and powers to: (a) a member of the Regulator; or (b) a person who is: (i) a member of the staff of the Regulator; and (ii) an SES employee or acting SES employee; or (c) a person who is: (i) a member of the staff of the Regulator; and (ii) an APS employee who holds or performs the duties of an Executive Level 2 position or an equivalent position; or (d) a person who is: (i) a person assisting the Regulator under section 37; and (ii) an SES employee or acting SES employee in the Department; or (e) a person who is: (i) a person assisting the Regulator under section 37; and (ii) an APS employee who holds or performs the duties of an Executive Level 2 position, or an equivalent position, in the Department; or (f) a person who is: (i) a person assisting the Regulator under section 37; and (ii) an SES employee or acting SES employee in the Biodiversity Department; or (g) a person who is: (i) a person assisting the Regulator under section 37; and (ii) an APS employee who holds or performs the duties of an Executive Level 2 position, or an equivalent position, in the Biodiversity Department. > Note: The expressions SES employee and acting SES employee are defined in the Acts Interpretation Act 1901. (2) A delegate must comply with any written directions of the Regulator. (3) Subsection (1) does not apply to a power to make, vary or revoke a legislative instrument.