Commonwealth Consolidated Acts

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HIGHER EDUCATION SUPPORT ACT 2003 - SECT 215.40

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 (other than Schedule   1A), to an SES employee, or an acting SES employee, in the Department.

  (1A)   The * Higher Education Tuition Protection Director may, in writing, delegate the following functions and powers to an SES employee, or an acting SES employee, in the Department:

  (a)   the Director's functions and powers under the * Regulatory Powers Act as it applies in relation to Part   5 - 1A of this Act;

  (b)   the Director's functions and powers under the Regulatory Powers Act as it applies in relation to Part   5A of the * TEQSA Act.

  (2)   The Chief Executive Officer of * TEQSA may, in writing, delegate his or her powers and functions under the * Regulatory Powers Act as it applies in relation to this Act, to a member of the staff of TEQSA (within the meaning of the * TEQSA Act) 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.


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