74Delegation by the Secretary

#### 74 Delegation by the Secretary (1) The Secretary may, by writing, delegate any or all of his or her functions or powers under this Act (other than those mentioned in subsection (4)) to an SES employee, or acting SES employee, in the Department. (2) The functions or powers that may be delegated under subsection (1) include functions or powers the Secretary has as a relevant chief executive, authorised applicant, infringement officer 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 Secretary. (4) Subsection (1) does not apply to the power to determine that: (a) a vehicle of a particular class is, or is not, a road vehicle under section 6; and (b) a component of a particular class is, or is not, a road vehicle component under section 7. (5) The rules may provide for and in relation to the delegation to an APS employee of all or any of the Secretary’s functions or powers under: (a) the rules; and (b) any instruments made under the rules. (6) The definition of this Act in section 5 does not apply to this section.