47Delegation of Secretary’s powers and functions

#### 47 Delegation of Secretary’s powers and functions To APS employees in the Department (1) The Secretary may delegate in writing to an APS employee in the Department any or all of the Secretary’s functions or powers under this Act, except the following provisions: (a) section 25 (about disregarding recently agreed changes in terms and conditions); (b) subsection 28(2) (about paying advances in instalments); (c) subsection 38(5) (about approving the manner of withdrawing an application for internal review). To SES employees and acting SES employees in the Department (2) The Secretary may delegate in writing to an SES employee, or acting SES employee, in the Department any or all of the Secretary’s functions or powers under the following provisions: (a) section 25; (b) subsection 38(5). > Note: SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901. To SES and Executive Level 2 APS employees in the Department (3) The Secretary may delegate in writing the Secretary’s power under subsection 28(2) to: (a) an SES employee, or an acting SES employee, in the Department; or (b) an APS employee who holds, or is acting in, an Executive Level 2 position, or an equivalent position, in the Department. Delegates to comply with directions (4) In exercising powers or performing functions under a delegation under this section, the delegate must comply with any directions of the Secretary.