Foreign Acquisitions and Takeovers Act 1975

PART 5 - OFFENCES AND CIVIL PENALTIES  

Division 4 - Miscellaneous  

Subdivision AE - Application of the Regulatory Powers Act - Miscellaneous  

SECTION 101F   DELEGATION OF CERTAIN POWERS AND FUNCTIONS UNDER THE REGULATORY POWERS ACT  

Scope of this section

101F(1)    
This section applies in relation to powers ( relevant powers ) and functions ( relevant functions ) under the following provisions of the Regulatory Powers Act (as it applies in relation to this Act):

(a)    Part 2 (monitoring powers);

(b)    Part 3 (investigation powers);

(c)    Part 6 (enforceable undertakings).

Note: Sections 99 and 100 deal with the delegation of powers and functions under Part 4 (civil penalty provisions) and Part 5 (infringement notices) of the Regulatory Powers Act (as it applies in relation to this Act).

Delegations by Treasurer

101F(2)    
The Treasurer may, in writing, delegate a relevant power or relevant function of the Treasurer to any of the following:

(a)    the Secretary;

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

(c)    the Commissioner of Taxation.

Note: For the effect of a delegation to the Commissioner of Taxation, see section 138 .

Delegations by Secretary

101F(3)    
The Secretary may, in writing, delegate a relevant power or relevant function of the Secretary to any of the following:

(a)    an SES employee, or acting SES employee, in the Department;

(b)    the Commissioner of Taxation.

Note: For the effect of a delegation to the Commissioner of Taxation, see section 138 .

101F(4)    
However, subsection (3) does not apply in relation to the powers and functions of the Secretary as an authorised applicant under Part 2 or 3 of the Regulatory Powers Act (as it applies in relation to this Act).

Subdelegations by Commissioner of Taxation

101F(5)    
If a power or function is delegated to the Commissioner of Taxation under this section, the Commissioner may, in writing, subdelegate the power or function to an SES employee, or acting SES employee, in the Australian Taxation Office.

101F(6)    
Sections 34AA , 34AB and 34A of the Acts Interpretation Act 1901 apply in relation to the subdelegation in a way corresponding to the way in which they apply in relation to a delegation.

Directions

101F(7)    
In exercising powers or performing functions delegated or subdelegated by a person under this section, the delegate or subdelegate must comply with any directions of the person.

Delegations in relation to specified kinds of matters

101F(8)    
Without limiting this section or subsection 33(3A) of the Acts Interpretation Act 1901 , a power or function may be delegated or subdelegated generally or only in relation to specified kinds of matters.