52Delegation

52 Delegation

Delegation to senior officers of the Department (1) The Secretary may, by writing, delegate to one or more senior officers of the Department any or all of the Secretary’s functions or powers under this Act or a TCF scheme. (1A) Subsection (1) does not apply in relation to the powers under the following provisions: (a) subsections 37P(6) and (7); (b) section 37ZY.

Note: The provisions are about authorising persons in relation to entry to premises etc.

(2) A delegate is, in the performance of a function delegated under subsection (1), or in the exercise of a power delegated under subsection (1), subject to the directions of the Secretary. (3A) The Secretary may, by writing, delegate to one or more senior employees of an authorised Commonwealth contractor any or all of the Secretary’s functions or powers under the TCF Post‑2005 (SIP) scheme, other than the function referred to in paragraph 37X(2)(b) (which deals with the reconsideration of decisions). (3B) The Secretary may, by writing, delegate to one or more senior employees of an authorised Commonwealth contractor any or all of the Secretary’s function or powers under the Clothing and Household Textile (BIC) scheme, other than the function referred to in paragraph 37ZZF(2)(b) (reconsideration of decisions). (4) A delegate is, in the performance of a function delegated under subsection (3A) or (3B), or in the exercise of a power delegated under subsection (3A) or (3B), subject to the directions of the Secretary. Definitions (6) In this section:

authorised Commonwealth contractor means a person who:

(a) provides, or proposes to provide, services to the Commonwealth under a contract; and
(b) is authorised, in writing, by the Secretary for the purposes of this definition.

senior employee, in relation to an authorised Commonwealth contractor, means an employee of the contractor, where the skills and responsibilities that are expected of the employee are equivalent to, or exceed, the skills and responsibilities expected of at least one of the senior officers of the Department.

senior officer, in relation to the Department, means:

(a) an SES employee, or acting SES employee, in the Department; or
(b) a person who holds or performs the duties of an Executive Officer (Level 2) office or position in the Department.