78Delegations

#### 78 Delegations (1) The Prime Minister may, in writing, delegate to another Minister any of the Prime Minister’s powers or functions under this Act (other than this section). (2) The Public Service Minister may, in writing, delegate to another Minister any of the Public Service Minister’s powers or functions under this Act (other than this section or section 24). (3) The Public Service Minister may, in writing, delegate to a senior official any of the Public Service Minister’s powers or functions under section 73. (4) An Agency Minister may, in writing, delegate to a senior official any of the Agency Minister’s powers or functions under this Act (other than this section). (5) The Commissioner may, in writing, delegate to a senior official any of the Commissioner’s powers or functions under this Act (other than this section). (5A) The Commissioner may, in writing, delegate to a former senior official any of the Commissioner’s powers or functions under section 38 or paragraph 41(2)(m), (n) or (o). (6) The Merit Protection Commissioner may, in writing, delegate to an APS employee any of the Merit Protection Commissioner’s powers or functions under this Act (other than this section). (7) An Agency Head may, in writing, delegate to another person any of the Agency Head’s powers or functions under this Act (other than this section). (8) An Agency Head cannot, under subsection (7), delegate powers or functions to an outsider without the prior written consent of the Commissioner. For this purpose, outsider means a person other than: (a) an APS employee; or (b) a person appointed to an office by the Governor‑General, or by a Minister, under a law of the Commonwealth; or (c) a member of the Australian Defence Force. (9) A person (the first delegate) to whom powers or functions are delegated under subsection (5), (6) or (7) may, in writing, delegate any of those powers or functions to another person (the second delegate). However, if the first delegate is subject to directions in relation to the exercise of a power or function delegated under this subsection, the first delegate must give corresponding directions to the second delegate. (10) A power or function that is exercised or performed by a person under a delegation under subsection (9) is taken, for the purposes of this Act, to have been exercised or performed by the person who originally delegated the corresponding power or function under subsection (5), (6) or (7). (11) A person exercising powers or functions under a delegation under this section must comply with any directions of the person who delegated the power or function. (12) In this section: > former senior official means: (a) a person who held, but no longer holds, an office or appointment under an Act; or (b) a person who was, but is no longer, an SES employee, and who does not hold an office or appointment under an Act. > senior official means: (a) a person who holds any office or appointment under an Act; or (b) an SES employee or acting SES employee.