Commonwealth Consolidated Acts

DEFENCE ACT 1903 - SECT 120A

Delegations by the Governor - General

  (2)   The Governor - General may, by instrument in writing, delegate all or any of his or her powers under subsections   116C(5) and 116C(5A) to:

  (a)   an officer of the Army who holds the rank of Major - General or a higher rank; or

  (b)   an officer of the Navy who holds the rank of Rear - Admiral or a higher rank; or

  (c)   an officer of the Air Force who holds the rank of Air Vice - Marshal or a higher rank.

Delegations of jointly held powers by the Secretary and Chief of the Defence Force

  (3A)   The Secretary and the Chief of the Defence Force may, by instrument in writing signed by each of them, delegate all or any of the powers that they hold jointly under section   11 to issue Defence Instructions to:

  (a)   an officer of the Army who holds the rank of Major - General or a higher rank; or

  (b)   an officer of the Navy who holds the rank of Rear - Admiral or a higher rank; or

  (c)   an officer of the Air Force who holds the rank of Air Vice - Marshal or a higher rank; or

  (d)   an SES employee who holds an SES Band 2 position, or an equivalent or higher position, in the Department.

  (3B)   The Secretary and the Chief of the Defence Force may, by instrument in writing signed by each of them, delegate all or any of the powers that they hold jointly under section   11 to issue Defence Instructions to 2 persons to exercise jointly.

  (3C)   Each person to whom a power is delegated under subsection   ( 3B) must be a person specified in paragraph   ( 3A)(a), (b), (c) or (d).

Delegations by the Chief of the Defence Force

  (3D)   The Chief of the Defence Force may, by instrument in writing, delegate his or her powers as follows:

  (a)   the power under subsection   26(2) to accept volunteer service by members of the Reserves--to an officer of the Defence Force;

  (b)   the power under subsection   29(1) to specify periods of service for members of the Reserves covered by a call out order--to an officer of the Defence Force;

  (c)   powers in relation to flexible service determinations under subsections   23(2) and (3)--to an officer of the Defence Force;

  (d)   the power under section   93A to determine authorised persons for the purposes of Part   VIIIA (testing for prohibited substances)--to:

  (i)   an officer of the Navy who holds a rank not below the rank of Commodore; or

  (ii)   an officer of the Army who holds a rank not below the rank of Brigadier; or

  (iii)   an officer of the Air Force who holds a rank not below the rank of Air Commodore;

  (e)   powers under sections   100 and 101 relating to testing for prohibited substances--to:

  (i)   an officer of the Navy who holds a rank not below the rank of Commander; or

  (ii)   an officer of the Army who holds a rank not below the rank of Lieutenant - Colonel; or

  (iii)   an officer of the Air Force who holds a rank not below the rank of Wing Commander; or

  (iv)   an APS employee who holds, or performs the duties of, a position not below an Executive Level 1 position, or equivalent, in the Department;

  (ea)   the power under subsection   123AA(4) to authorise persons to perform duties in respect of the provision of assistance mentioned in subsection   123AA(1)--to:

  (i)   an officer of the Navy who holds a rank not below the rank of Commodore; or

  (ii)   an officer of the Army who holds a rank not below the rank of Brigadier; or

  (iii)   an officer of the Air Force who holds a rank not below the rank of Air Commodore;

  (f)   powers under section   123A--to an officer of the Defence Force.

Delegation by Secretary

  (4)   The Secretary may, by instrument in writing, delegate the Secretary's power under subsection   123AA(4) to authorise persons to perform duties in respect of the provision of assistance mentioned in subsection   123AA(1) to an SES employee in the Department.

General provisions about delegations

  (6A)   The delegate is, in the exercise of a power delegated under this section, subject to the directions of the person who made the delegation.

  (8)   A delegation under this section continues in force notwithstanding a change in the occupancy of, or a vacancy in, the office of the person who made the delegation.

  (9)   A document purporting to be a copy of an instrument of delegation under this section and purporting to bear the signature, or a facsimile of the signature, of the person who made the delegation and an endorsement in writing that the delegation is, or was on a specified date, in force, is, upon mere production in a court or otherwise for any purpose arising under this Act, prima facie evidence that the delegation was duly made in the terms set out in the document and is, or was on the date specified, in force.