25Delegation

#### 25 Delegation (1) The Health Minister or the Secretary may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him or her, delegate to a person any of his or her powers and functions under this Act, other than this power of delegation. (2) A power or function so delegated, when exercised or performed by the delegate shall, for the purposes of this Act, be deemed to have been exercised or performed by the Health Minister or the Secretary, as the case may be. (3) A delegation under this section does not prevent the exercise of a power or the performance of a function by the Health Minister or the Secretary, as the case may be. (4) The Minister or the Secretary must not delegate a power or function under subsection (1) to an officer or employee of an agency of a State or a Territory without the agreement of the State or the Territory, as the case requires. (5) The Secretary must not delegate a power or function under subsection 14LA(2) (identifying sensitive law enforcement information) to a person other than an SES employee, or acting SES employee, in the Department. > Note: The expressions SES employee and acting SES employee are defined in the Acts Interpretation Act 1901.