Delegation to senior officers of the Department
- (1)
- The Secretary may, by
writing, delegate to one or more senior officers of the Department any or all
of the Secretary's functions or powers under this Act or the TCF (SIP) scheme.
- (2)
- A delegate is, in the performance of a function delegated under subsection
(1), or in the exercise of a power delegated under subsection (1), subject to
the directions of the Secretary.
Delegation to senior employees of an authorised Commonwealth contractor
- (3)
- The Secretary may, by writing, delegate to one or more senior employees of an
authorised Commonwealth contractor any or all of the Secretary's functions or
powers under the TCF (SIP) scheme, other than the function referred to in
paragraph 22(1)(b) (which deals with the reconsideration of decisions).
- (4)
- A delegate is, in the performance of a function delegated under subsection
(3), or in the exercise of a power delegated under subsection (3), subject to
the directions of the Secretary.
Section 70 of the Crimes Act 1914
- (5)
- For the purposes of the application of
the definition of Commonwealth officer in subsection 3(1) of the Crimes Act
1914 to section 70 of that Act, a person who performs functions, or exercises
powers, under a delegation under this section is taken to be a person who
performs services for the Commonwealth.
Definitions
- (6)
- In this section:
"authorised Commonwealth" contractor means a person who:
- (a)
- provides, or proposes to provide, services to the Commonwealth under a
contract; and
- (b)
- is authorised, in writing, by the Secretary for the purposes of this
definition.
"senior employee", in relation to an authorised Commonwealth contractor, means
an employee of the contractor, where the skills and responsibilities that are
expected of the employee are equivalent to, or exceed, the skills and
responsibilities expected of at least one of the senior officers of the
Department.
"senior officer", in relation to the Department, means:
- (a)
- a person who holds or performs the duties of a Senior Executive Service
office or position in the Department; or
- (b)
- a person who holds or performs the duties of an Executive Officer (Level
2) office or position in the Department.
Commonwealth Numbered Acts