6Delegation

6 Delegation

(1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Minister, delegate to a person (including the Secretary) all or any of the Minister’s powers under this Act, the regulations or another legislative instrument under this Act, other than: (a) this power of delegation; or (aa) the Minister’s power under subsection 90(10); or (ab) the Minister’s powers under section 90A and subsection 90B(5); or (b) the Minister’s powers under section 95. (2) A power so delegated under subsection (1), when exercised by the delegate, shall, for the purposes of this Act, the regulations or another legislative instrument under this Act, be deemed to have been exercised by the Minister. (3) A delegate under subsection (1) is, in the exercise of a power so delegated, subject to the directions (if any) of the Minister. (4) A delegation under subsection (1) does not prevent the exercise of a power by the Minister. (5) The Secretary may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Secretary, delegate to a person all or any of the Secretary’s powers under this Act, the regulations or another legislative instrument under this Act other than: (a) this power of delegation; or (b) the Secretary’s powers under section 95. (6) A power so delegated under subsection (5), when exercised by the delegate, shall, for the purposes of this Act, the regulations or another legislative instrument under this Act, be deemed to have been exercised by the Secretary. (7) A delegate under subsection (5) is, in the exercise of a power so delegated, subject to the directions (if any) of the Secretary. (8) A delegation under subsection (5) does not prevent the exercise of a power by the Secretary. (9) The Chief Executive Medicare may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Chief Executive Medicare, delegate to a person all or any of the Chief Executive Medicare’s powers under this Act, the regulations or another legislative instrument under this Act, other than this power of delegation. (10) A power so delegated under subsection (9), when exercised by the delegate, is, for the purposes of this Act, the regulations or another legislative instrument under this Act, taken to have been exercised by the Chief Executive Medicare. (11) A delegate under subsection (9) is, in the exercise of a power so delegated, subject to the directions (if any) of the Chief Executive Medicare. (12) A delegation under subsection (9) does not prevent the exercise of a power by the Chief Executive Medicare.