PART 9
-
OTHER MATTERS
SECTION 221
Delegation
Delegation to officers
221(1)
Subject to this section, the Secretary may delegate to an officer all or any of the powers of the Secretary under the family assistance law, other than:
(a)
the power to make Secretary
'
s rules under subsection
85GB(2)
of the Family Assistance Act; and
(b)
the power to engage an expert to carry out an independent audit as mentioned in section
203C
of this Act.
History
S 221(1) substituted by No 22 of 2017, s 3 and Sch 1 item 209, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading. S 221(1) formerly read:
221(1)
Subject to this section, the Secretary may delegate to an officer all or any of the powers of the Secretary under the family assistance law, other than the power to engage an expert to carry out an independent audit as mentioned in section 219GB.
S 221(1) amended by No 120 of 2011, s 3 and Sch 1 item 22, by inserting
"
, other than the power to engage an expert to carry out an independent audit as mentioned in section 219GB
"
, effective 15 October 2011. For application provision see note under s
3(4B)
.
221(2)
(Repealed by No 46 of 2016)
History
S 221(2) repealed by No 46 of 2016, s 3 and Sch 8 item 1, applicable in relation to delegations made on or after 6 May 2016. S 221(2) formerly read:
221(2)
The Secretary must not delegate such a power to an officer of the Human Services Department, unless the Secretary of the Human Services Department has agreed to the delegation.
S 221(2) amended by No 32 of 2011, s 3 and Sch 4 item 42A, by substituting
"
officer of the Human Services Department, unless the Secretary of the Human Services Department
"
for
"
officer of an agency other than the Department, unless the head of the agency
"
, effective 1 July 2011. For transitional provisions see note under s
108(2)
.
221(3)
The Secretary must not delegate the Secretary
'
s power under subparagraph
168(1)(b)(i)
(disclosure of information) except to the Human Services Secretary, the Chief Executive Centrelink or the Chief Executive Medicare.
History
S 221(3) amended by No 104 of 2020, s 3 and Sch 1 item 10, by substituting
"
Human Services Secretary
"
for
"
Secretary of the Human Services Department
"
, effective 1 February 2020 and applicable in relation to an offence if the conduct constituting the offence occurs after 20 November 2020.
S 221(3) amended by No 32 of 2011, s 3 and Sch 4 items 43 and 44, by omitting
"
to an officer, except the head of an agency,
"
after
"
must not delegate
"
and inserting
"
except to the Secretary of the Human Services Department, the Chief Executive Centrelink or the Chief Executive Medicare
"
, effective 1 July 2011. For transitional provisions see note under s
108(2)
.
221(4)
The Secretary must not delegate to an officer, other than an SES employee or acting SES employee, the Secretary
'
s powers under:
(a)
section
203A
(power to require financial information);
(b)
subsection
219UD(1)
(power to appoint authorised person);
(c)
subsection
219WA(3)
(power to appoint infringement officer).
History
S 221(4) substituted by No 22 of 2017, s 3 and Sch 1 item 210, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading. S 221(4) formerly read:
221(4)
The Secretary must not delegate to an officer, other than an SES employee or acting SES employee, the Secretary
'
s powers under either of the following:
(a)
section 219GA (Secretary requiring information from person);
(b)
Division 2 of Part 8C (infringement notices).
S 221(4) substituted by No 120 of 2011, s 3 and Sch 1 item 23, effective 15 October 2011. For application provision see note under s
3(4B)
. S 221(4) formerly read:
221(4)
The Secretary must not delegate to an officer, except an SES employee or acting SES employee, the Secretary
'
s powers under Division 2 of Part 8C (infringement notices).
S 221(4) amended by No 53 of 2008, s 3 and Sch 5 item 24, by inserting
"
, except an SES employee or acting SES employee,
"
after
"
officer
"
, effective 25 June 2008.
S 221(4) inserted by No 118 of 2007, s 3 and Sch 2 item 8, effective 29 June 2007.
Funding agreements
221(5)
The Secretary may delegate to an official of a non-corporate Commonwealth entity the Secretary
'
s powers under section
85GA
of the Family Assistance Act.
History
S 221(5) inserted by No 26 of 2021, s 3 and Sch 1 item 29, effective 27 March 2021. For application provisions, see note under s
205C
.
Former s 221(5) repealed by No 96 of 2014, s 3 and Sch 9 item 20, effective 31 December 2016. For saving provisions, see note under Pt 3 Div
2A
heading. S 221(5) formerly read:
221(5)
The Secretary may delegate to an APS employee in the Department administered by the Minister administering the
Veterans
'
Entitlements Act 1986
all or any of the powers of the Secretary under the family assistance law that relate to the schoolkids bonus, to the extent that eligibility for that bonus is because of a payment of an education allowance under:
(a)
the Veterans
'
Children Education Scheme; or
(b)
the Military Rehabilitation and Compensation Act Education and Training Scheme.
Note:
The expression
APS employee
is defined in section 2B of the
Acts Interpretation Act 1901
.
Former s 221(5) inserted by No 154 of 2012, s 3 and Sch 5 item 60, effective 17 November 2012.
221(6)
In exercising a power delegated under subsection (5), an official must comply with any directions of the Secretary.
Note:
For non-corporate Commonwealth entity and official, see subsection
3(1)
.
History
S 221(6) inserted by No 26 of 2021, s 3 and Sch 1 item 29, effective 27 March 2021. For application provisions, see note under s
205C
.
History
S 221 amended by No 45 of 2000, s 3 Sch 2 item 141, by substituting
"
subparagraph 168(1)(b)(i)
"
for
"
paragraph 168(1)(b)
"
, effective 1 July 2000. For transitional provisions see note under s 69.