120ADelegation

120A  Delegation

Delegations by the Governor‑General

 (2) The Governor‑General may, by instrument in writing, delegate all or any of his or her powers under subsections 116C(5) and 116C(5A) to:

 (a) an officer of the Army who holds the rank of Major‑General or a higher rank; or

 (b) an officer of the Navy who holds the rank of Rear‑Admiral or a higher rank; or

 (c) an officer of the Air Force who holds the rank of Air Vice‑Marshal or a higher rank.

Delegations of jointly held powers by the Secretary and Chief of the Defence Force

 (3A) The Secretary and the Chief of the Defence Force may, by instrument in writing signed by each of them, delegate all or any of the powers that they hold jointly under section 11 to issue Defence Instructions to:

 (a) an officer of the Army who holds the rank of Major‑General or a higher rank; or

 (b) an officer of the Navy who holds the rank of Rear‑Admiral or a higher rank; or

 (c) an officer of the Air Force who holds the rank of Air Vice‑Marshal or a higher rank; or

 (d) an SES employee who holds an SES Band 2 position, or an equivalent or higher position, in the Department.

 (3B) The Secretary and the Chief of the Defence Force may, by instrument in writing signed by each of them, delegate all or any of the powers that they hold jointly under section 11 to issue Defence Instructions to 2 persons to exercise jointly.

 (3C) Each person to whom a power is delegated under subsection (3B) must be a person specified in paragraph (3A)(a), (b), (c) or (d).

Delegations by the Chief of the Defence Force

 (3D) The Chief of the Defence Force may, by instrument in writing, delegate his or her powers as follows:

 (a) the power under subsection 26(2) to accept volunteer service by members of the Reserves—to an officer of the Defence Force;

 (b) the power under subsection 29(1) to specify periods of service for members of the Reserves covered by a call out order—to an officer of the Defence Force;

 (c) powers in relation to flexible service determinations under subsections 23(2) and (3)—to an officer of the Defence Force;

 (d) the power under section 93A to determine authorised persons for the purposes of Part VIIIA (testing for prohibited substances)—to:

 (i) an officer of the Navy who holds a rank not below the rank of Commodore; or

 (ii) an officer of the Army who holds a rank not below the rank of Brigadier; or

 (iii) an officer of the Air Force who holds a rank not below the rank of Air Commodore;

 (e) powers under sections 100 and 101 relating to testing for prohibited substances—to: