49Delegation

#### 49 Delegation Delegations by the Minister (1) The Minister may, by writing, delegate to a person all or any of the Minister’s powers or functions under this Act, other than those under these provisions: (a) subsection 10(4), 11(5), 12(6), 13(3), 17(5), 20(5), 21(7), 22(7), 23(7) or 24(7) (about making of guidelines); (b) subsection 13(1) (about directing the giving of bulk allocation procedures to the Minister); (d) subsection (3) of this section (about giving agreement to a further delegation). > Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 deal with delegations. Further delegations (2) A person to whom powers or functions are delegated under subsection (1) may, by writing, delegate any of those powers or functions to another person. (3) However, a delegation under subsection (2) has no effect unless it is done with the Minister’s agreement. (3A) Subject to subsection (3B) of this section, sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 apply to a delegation under subsection (2) of this section in the same way as they apply to a delegation under subsection (1) of this section. (3B) A power or function that is exercised or performed by a person under a delegation under subsection (2) is taken, for the purposes of this Act, to have been exercised or performed by the Minister. Ministerial arrangements (4) The Minister may, on behalf of the Commonwealth, enter into such arrangements with the Energy Minister for a State on behalf of that State as he or she considers to be appropriate to facilitate the delegation under this section of powers or functions under this Act to the Energy Minister for that State or to an officer of that State. (4A) The Minister may, on behalf of the Commonwealth, enter into such arrangements with the Energy Minister for the Australian Capital Territory on behalf of that Territory as he or she considers to be appropriate to facilitate the delegation under this section of powers or functions under this Act to the Energy Minister for that Territory or to an officer of that Territory. (5) The Minister may, on behalf of the Commonwealth, enter into such arrangements with the Energy Minister for the Northern Territory on behalf of that Territory as he or she considers to be appropriate to facilitate the delegation under this section of powers or functions under this Act to the Energy Minister for the Northern Territory or to an officer of the Northern Territory. Delegation by the Secretary (6) The Secretary may, by writing, delegate the Secretary’s power under subsection 40A(1) (about entering into contracts for the reservation or purchase of oil stocks) to an SES employee, or an acting SES employee, in the Department. (7) In exercising powers under a delegation under subsection (6), the delegate must comply with any directions of the Secretary. > Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.