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CUSTOMS (PROHIBITED EXPORTS) REGULATIONS 1958 - REG 13EJ

Delegations by Defence Minister

  (1)   The Defence Minister may delegate the powers covered by subregulation   (2) to:

  (a)   the Secretary of the Department administered by that inister; or

  (b)   an SES employee, or acting SES employee, in that Department; or

  (c)   an APS employee who holds, or is acting in, an Executive Level 1 position, or an equivalent or higher position, in that Department.

Note 1:   See also sections   34AA and 34AB of the Acts Interpretation Act 1901 .

Note 2:   The expressions APS employee , SES employee and acting SES employee are defined in section   2B of the Acts Interpretation Act 1901 .

  (2)   This subregulation   covers the following powers:

  (a)   the power under regulation   13E to grant permission to export goods listed in Part   1 or Part   2 of the defence and strategic goods list, or goods containing DSGL technology;

  (b)   the power to request additional information under subregulation   13EB(4), and to defer consideration of an application under subregulation   13EB(5);

  (c)   the power to approve a form under subregulation   13EB(6);

  (d)   the power to impose, remove or vary conditions under regulation   13EC in relation to such a permission.

  (3)   The Defence Minister may delegate to an officer of Customs the power under regulation   13E to grant permission to export goods listed in Part   1 of the defence and strategic goods list.

  (4)   The Defence Minister must not delegate to any person the following powers:

  (a)   the power under subregulation   13E(3) to refuse to grant a permission;

  (b)   the power under subregulation   13ED(1) to revoke a permission.

  (5)   In performing functions or exercising powers under a delegation under this regulation, the delegate must comply with any directions of the Defence Minister.


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