89Delegation of regulatory powers

#### 89 Delegation of regulatory powers (1) The Secretary may, in writing, delegate his or her powers and functions under the Regulatory Powers Act as it applies in relation to this Act, to an SES employee, or an acting SES employee, in the Department. (1A) The VSL Tuition Protection Director may, in writing, delegate his or her powers and functions under the Regulatory Powers Act as it applies in relation to Part 5A and section 104A of this Act, to an SES employee, or an acting SES employee, in: (a) the Department; or (b) the Department administered by the Education Minister. (2) The National VET Regulator may, in writing, delegate his or her powers and functions under the Regulatory Powers Act as it applies in relation to this Act, and under section 88, to an NVETR staff member who is: (a) an SES employee or an acting SES employee; or (b) an APS employee who holds or performs the duties of an Executive Level 2 position or an equivalent position. (3) A person exercising powers or performing functions under a delegation under subsection (1) or (2) must comply with any directions of the delegator. (4) A person must not exercise powers or perform functions under a delegation under subsection (1) or (2) in relation to an infringement notice given by the person.