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Customs (Prohibited Exports) Regulations 1958
13EJDelegations by Defence Minister
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#### 13EJ Delegations by Defence Minister
(1) The Defence Minister may delegate the powers covered by subregulation (2) to:
(a) the Secretary of the Department administered by that Minister; or
(b) an SES employee, or acting SES employee, in that Department; or
(c) an APS employee who holds, or is acting in, an Executive Level 1 position, or an equivalent or higher position, in that Department.
> Note 1: See also sections 34AA and 34AB of the Acts Interpretation Act 1901.
> Note 2: The expressions APS employee, SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.
(2) This subregulation covers the following powers:
(a) the power under regulation 13E to grant permission to export goods listed in Part 1 or Part 2 of the defence and strategic goods list, or goods containing DSGL technology;
(b) the power to request additional information under subregulation 13EB(4), and to defer consideration of an application under subregulation 13EB(5);
(c) the power to approve a form under subregulation 13EB(6);
(d) the power to impose, remove or vary conditions under regulation 13EC in relation to such a permission.
(2A) The Defence Minister may delegate:
(a) the power under subregulation 13E(3) to refuse to grant a permission; or
(b) the power under subregulation 13ED(1) to revoke a permission;
to:
(c) the Secretary of the Department administered by that Minister; or
(d) an SES employee, or acting SES employee, in that Department.
(3) The Defence Minister may delegate to an officer of Customs the power under regulation 13E to grant permission to export goods listed in Part 1 of the defence and strategic goods list.
(5) In performing functions or exercising powers under a delegation under this regulation, the delegate must comply with any directions of the Defence Minister.