Higher Education Support Act 2003

Chapter 5 - Administration  

PART 5-8 - REGULATORY POWERS  

SECTION 215-40   Delegation of regulatory powers  

215-40(1)    
The *Secretary may, in writing, delegate his or her powers and functions under the *Regulatory Powers Act as it applies in relation to this Act (other than Schedule 1A ), to an SES employee, or an acting SES employee, in the Department.

215-40(1A)    

The *Higher Education Tuition Protection Director may, in writing, delegate the following functions and powers to an SES employee, or an acting SES employee, in the Department:

(a)    the Director ' s functions and powers under the *Regulatory Powers Act as it applies in relation to Part 5-1A of this Act;

(b)    the Director ' s functions and powers under the Regulatory Powers Act as it applies in relation to Part 5A of the *TEQSA Act.

215-40(2)    
The Chief Executive Officer of *TEQSA may, in writing, delegate his or her powers and functions under the *Regulatory Powers Act as it applies in relation to this Act, to a member of the staff of TEQSA (within the meaning of the *TEQSA Act) 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.

215-40(3)    
A person exercising powers or performing functions under a delegation under subsection (1) or (2) must comply with any directions of the delegator.