170Delegation

#### 170 Delegation Delegation by the Minister (1) The Minister may, by writing, delegate any or all of his or her functions or powers under this Act to: (a) the Secretary; or (b) an SES employee, or acting SES employee, in the Department. > Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901. (1A) Subsection (1) does not apply in relation to the following provisions: (a) subsections 14C(1) and (3), 14D(1) and (3), 14E(1) and 14F(1) (suspension of applications for registration); (b) subsection 96B(1) (Minister may make instrument specifying courses). (2) In exercising functions or powers under a delegation under subsection (1), the delegate must comply with any directions of the Minister. Delegation by the Secretary (3) The Secretary may, by writing, delegate any or all of his or her functions or powers under this Act (including his or her functions or powers as the ESOS agency for a provider or registered provider) to: (a) an SES employee, or acting SES employee, in the Department; or (b) an APS employee in the Department who holds or performs the duties of an Executive Level 1 or 2 position or an equivalent position; or (c) TEQSA; or (d) the National VET Regulator. > Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901. (4) In exercising functions or powers under a delegation under subsection (3), the delegate must comply with any directions of the Secretary. Delegation by ESOS agencies (4A) The ESOS agency for a provider or registered provider (other than the Secretary) may, by writing, delegate any or all of the agency’s functions or powers under this Act to: (a) if the agency is TEQSA—a person or authority mentioned in subsection 199(1) of the TEQSA Act; or (b) if the agency is the National VET Regulator—a person or authority mentioned in subsection 224(1) of the NVETR Act; or (c) otherwise—a person who is an employee or constituent member of the agency if the agency is satisfied that the person has suitable qualifications and experience. (4B) In exercising functions or powers under a delegation under subsection (4A), the delegate must comply with any directions of the ESOS agency. Immigration Secretary (5) The Immigration Secretary may, by signed writing, delegate his or her power under section 50D (TPS Director to notify Immigration Secretary) to an SES employee or acting SES employee in the Department administered by the Immigration Minister.