73Delegation by the Minister

#### 73 Delegation by the Minister (1) The Minister may, by writing, delegate all or any of the Minister’s functions or powers under this Act (other than those mentioned in subsection (4)) to: (a) the Secretary; or (b) an SES employee, or an acting SES employee, in the Department. (2) The functions or powers that may be delegated under subsection (1) include functions or powers the Minister has as an authorised applicant or authorised person for the purposes of a provision of the Regulatory Powers Act because of this Act. (3) In performing functions or exercising powers under a delegation, the delegate must comply with any directions of the Minister. (4) Subsection (1) does not apply to the following functions and powers: (a) the power to determine national road vehicle standards under section 12; (b) the power to make rules under section 82. (5) The rules may provide for and in relation to the delegation of all or any of the Minister’s functions or powers under the rules or any instruments made under the rules (other than those mentioned in subsection (6)) to: (a) the Secretary; or (b) an APS employee. (6) Subsection (5) does not apply to the following functions and powers: (a) the power to issue a recall notice in relation to the compulsory recall of a road vehicle or approved road vehicle component; (b) the power to determine specified matters by legislative instrument. (7) The definition of this Act in section 5 does not apply to this section.