102Delegation by Secretary: references to the Secretary and the Department

102 Delegation by Secretary: references to the Secretary and the Department

(1) This section applies if, under section 101, the Secretary (the Agriculture Secretary) delegates a power or function to: (a) the Social Security Secretary; or (b) an SES employee or acting SES employee in the Social Security Department; or (c) the Chief Executive Centrelink; or (d) a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997). Requiring persons to produce or give documents to the Social Security or Human Services Department (2) A person who is delegated a power or function to require another person to produce or give any document or information to the Department (the Agriculture Department) may instead require the other person to produce or give the document or information to the Human Services Department or the Social Security Department (as the case requires). (3) A person who complies with a requirement under subsection (2) is taken for all purposes to have complied with a requirement of the Agriculture Secretary to produce or give the document to the Agriculture Department. (4) A person who does not comply with a requirement under subsection (2) is taken for all purposes not to have complied with a requirement of the Agriculture Secretary to produce or give the document to the Agriculture Department. References to Secretary or Department (5) The Secretary’s rules may provide as set out in subsection (6) if, as a result of a delegation, a reference (however described) to the Agriculture Secretary or the Agriculture Department in a provision of this Act, the Social Security Act or the Social Security Administration Act, or in any instrument made under those Acts, is inappropriate (whether for administrative reasons or any other reason). (6) The Secretary’s rules may provide that the provision is to have effect as if: (a) the reference to the Agriculture Secretary were a reference to the Chief Executive Centrelink or the Social Security Secretary (as the case requires); or (b) the reference to the Agriculture Department were a reference to the Human Services Department or the Social Security Department (as the case requires). The provision has effect accordingly.