46Delegation by the Secretary

#### 46 Delegation by the Secretary (1) The Secretary may, by writing, delegate all or any of his or her powers or functions under this Act, or the Regulatory Powers Act as it applies in relation to this Act, to: (a) an SES employee or acting SES employee in the Department; or (b) an APS employee who occupies, or performs the duties of, a position not below Executive Level 2 or equivalent in the Department. > Note: The expressions SES employee, acting SES employee and APS employee are defined in section 2B of the Acts Interpretation Act 1901. (2) In exercising powers or performing functions under a delegation, the delegate must comply with any directions of the Secretary. > Note: See also sections 34AA and 34AB of the Acts Interpretation Act 1901.