Part 10
-
Administration
Division 1
-
General administration
SECTION 338
DELEGATION
338(1)
Secretary may delegate powers
Subject to this section, the Secretary may, by signed writing, delegate to an officer all or any of the powers of the Secretary under this Act.
338(2)
Secretary may not delegate power under paragraph
355(1)(b)
The Secretary must not delegate the Secretary's power under paragraph
355(1)(b)
to anyone except the Chief Executive Centrelink.
History
S 338(2) amended by No 32 of 2011, s 3 and Sch 4 item 616, by substituting
"
Chief Executive Centrelink
"
for
"
CEO
"
, effective 1 July 2011. No 32 of 2011, s 3 and Sch 5 item 1 contains the following transitional provisions:
1 Transitional regulations
(1)
The Governor General may make regulations in relation to transitional matters arising out of the amendments made by this Act.
(2)
Regulations that are made:
(a)
under subitem (1); and
(b)
within 6 months after the commencement of this item;
may be expressed to take effect at a time that is earlier than the time when the regulations are made. The time must not be earlier than the commencement of this item.
(3)
Subitem (2) has effect despite section
12
of the
Legislative Instruments Act 2003
.
338(2A)
CEO may not subdelegate power under paragraph
355(1)(b)
If the Secretary delegates to the Chief Executive Centrelink the Secretary
'
s power under paragraph
355(1)(b)
, the Chief Executive Centrelink cannot, despite section 12 of the
Human Services (Centrelink) Act 1997
, delegate the power to a Departmental employee (within the meaning of the
Human Services (Centrelink) Act 1997
).
History
S 338(2A) substituted by No 32 of 2011, s 3 and Sch 4 item 617, effective 1 July 2011. For transitional provisions see note under s 338(2). S 338(2A) formerly read:
338(2A)
CEO may not subdelegate power under paragraph
355(1)(b)
If the Secretary delegates to the CEO the Secretary's power under paragraph
355(1)(b)
, the CEO cannot, despite section 33 of the Agency Act, delegate the power to an employee of the Agency.
S 338 amended by No 45 of 1998; No 29 of 1997 and inserted by No 183 of 1994.
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