202Delegation

#### 202 Delegation (1) The Secretary may, by writing, delegate all or any of his or her powers and functions under this Act to a person of the following kind: (a) an SES employee, or acting SES employee, in the Department; (c) the Agency Head of an Agency that carries on activities that relate to national security. (1A) However, a delegation under paragraph (1)(c) has no effect unless the Agency Head of the Agency agrees to the delegation. (2) The Secretary may, by writing, delegate all or any of his or her powers and functions under this Act, other than powers or functions under section 165A or subsection 165B(1) or Division 3 of Part 11, to an APS employee in the Department. > Note: The Secretary may delegate his or her powers and functions under Part 4 to a person engaged by a recognised security organisation: see section 88. (3) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Secretary.