Delegation by Minister or Secretary
(1) The Minister may, either generally or as otherwise provided in the instrument of delegation, by writing signed by him or her, delegate to an officer all or any of the Minister’s powers under this Act, other than the powers under subsections 185C(4B), 186F(4) and 186G(2B), the power under subsection 105‑1(1) of Schedule 2 and this power of delegation. (2) A power delegated under subsection (1) shall, when exercised by a delegate, be deemed to have been exercised by the Minister. (3) A delegation under subsection (1) does not prevent the exercise of a power by the Minister. (4) The Secretary may, either generally or as otherwise provided in the instrument of delegation, by writing signed by him or her, delegate to an officer all or any of the Secretary’s powers under this Act, other than this power of delegation. (5) A power delegated under subsection (4) shall, when exercised by a delegate, be deemed to have been exercised by the Secretary. (6) A delegation under subsection (4) does not prevent the exercise of a power by the Secretary. (7) In this section: exercise includes perform. power includes a function. Secretary means the Secretary of the Department.
Sourced from the Federal Register of Legislation at 26 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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