Education Legislation Amendment (Up-front Payments Tuition Protection) Act 2020 (101 of 2020)

Schedule 1   Amendment of the Tertiary Education Quality and Standards Agency Act 2011

Tertiary Education Quality and Standards Agency Act 2011

17   Subsection 154L(2)

Repeal the subsection, substitute:

(2) The Chief Executive Officer may, in writing, delegate the Chief Executive Officer's powers and functions under the Regulatory Powers Act as it applies in relation to Part 5A of this Act, to a member of the staff of TEQSA 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) Before delegating a function or power under subsection (1) or (2), the Chief Executive Officer must have regard to:

(a) if the function or power is delegated to an APS employee holding, occupying, or performing the duties of, a specified office or position - whether the office or position is sufficiently senior for the employee to perform the function or exercise the power; or

(b) otherwise - whether the employee has appropriate qualifications or expertise to perform the function or duty or exercise the power.

(4) A delegate must comply with any written directions of the Chief Executive Officer.