5AHow Act applies to persons employed in Parliamentary Departments

5A How Act applies to persons employed in Parliamentary Departments

(1) In this section:

Head, in relation to a Parliamentary Department, means:

(a) if the Department is the Department of the Senate—the Clerk of the Senate;
(b) if the Department is the Department of the House of Representatives—the Clerk of the House; or
(c) in the case of any other Department—the Secretary of that Department.

Parliamentary Department means a Department of the Parliament established under the Parliamentary Service Act 1999.

(2) For the purposes of the application of this Act in relation to a person employed in a Parliamentary Department, the powers conferred on an Agency Head (other than the power of delegation conferred by section 11) are to be exercised, in substitution for the Agency Head, by the Head of the Parliamentary Department concerned. (3) The Head of a Parliamentary Department may, by signed writing, delegate to an officer of, or person employed in, the Parliamentary Department any of the Head of the Parliamentary Department’s functions or powers under this Act. (4) A delegation of a function or power under subsection (3) by the Head of a Parliamentary Department: (a) unless revoked under paragraph (b), continues in force even though the person who gave the delegation has ceased to be the Head of the Parliamentary Department; and (b) may be revoked by writing signed by the person who is for the time being the Head of the Parliamentary Department. (5) If the Head of a Parliamentary Department has delegated a function or power under subsection (3), the Head of the Parliamentary Department may issue guidelines to the delegate with respect to the performance of the function or the exercise of the power.