161Delegation by the Pricing Authority

161 Delegation by the Pricing Authority

(1) Subject to subsections (3) and (4), the Pricing Authority may, by writing, delegate one or more of its functions and powers to: (a) a member of the Pricing Authority; or (b) the Pricing Authority CEO; or (c) a person who is: (i) a member of the staff of the Pricing Authority; and (ii) an SES employee or acting SES employee.

Note: The expressions SES employee and acting SES employee are defined in the Acts Interpretation Act 1901.

(2) Subject to subsection (4), if: (a) the services of an officer or employee mentioned in paragraph 174(a) or (b) are made available to the Pricing Authority in connection with the performance of a function of the Pricing Authority; and (b) the officer or employee is an SES employee or acting SES employee; the Pricing Authority may, in writing, delegate the function to the officer or employee. (3) The Pricing Authority must not delegate an Aged Care Act function to a member of the Pricing Authority. (4) The Pricing Authority must not delegate any of the following functions or powers: (a) a function set out in any of paragraphs 131(1)(a) to (f) or paragraph 131(1)(j); (b) a function set out in paragraph 131(1A)(a); (c) a function set out in paragraph 131A(1)(a); (d) any other function that involves giving advice to the Minister; (e) a function or power under Part 4.8; (f) the power to make, vary or revoke a legislative instrument. (5) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Pricing Authority.