(1) The Minister may, by writing, delegate any or all of his or her functions or powers under this Act, the regulations or the legislative rules to:
(a) the Secretary; or
(b) an SES employee, or acting SES employee, in the Department.
Note: The expressions SES employee and acting SES employee are defined in the Acts Interpretation Act 1901 .
(2) In exercising powers under a delegation, the delegate must comply with any directions of the Minister.
(3) Subsection (1) does not apply to a power to make, vary or revoke a legislative instrument, unless the power is conferred by:
(a) subsection 106(1) (power to make a methodology determination); or
(b) subsection 114(1) (power to vary a methodology determination); or
(c) subparagraph 122(1)(b)(ii) (power to specify the duration of a methodology determination); or
(d) subsection 123(1) (power to revoke a methodology determination).