26Delegation by Secretaries of Departments

##### 26 Delegation by Secretaries of Departments (1) Subject to subsection (4), a Secretary may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to a person (not being a person engaged as a consultant under section 4 of the Members of Parliament (Staff) Act 1984) all or any of his powers or functions under: (a) a relevant Act; (b) the regulations made under a relevant Act; (c) a determination under subsection 9(7A) or section 82D; or (d) an industrial award; 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 the relevant Act, the regulations, the determination or the industrial award, as the case requires, be deemed to have been exercised or performed, as the case may be, by the Secretary. (3) A delegation of a power or function by the Secretary of a Department under subsection (1): (a) may be absolute or conditional; (b) does not prevent the exercise of the power or the performance of the function by the Secretary; (c) subject to paragraph (d), continues in force notwithstanding the appointment of another person as the Secretary of the Department; and (d) may be revoked by instrument in writing signed by the Secretary for the time being of the Department. (3A) Where a Secretary has delegated a power or function to a person under subsection (1), the Secretary may give directions to the delegate with respect to the exercise of the power or the performance of the function. (4) A Secretary is not empowered to delegate a power or function under subsection (1) to a person who is not: (a) an officer or an employee; or (b) a person appointed to an office, under a law of the Commonwealth, by the Governor‑General or a Minister; unless the Board approves, in writing, the delegation of the power or function to that person. (6) In this section, relevant Act means: (a) this Act; or (b) the Merit Protection (Australian Government Employees) Act 1984.