Higher Education Support Act 2003

Chapter 7 - Miscellaneous  

SECTION 238-1   Delegations by Secretary  

238-1(1)    
The *Secretary may, in writing, delegate to an APS employee all or any of the powers of the Secretary under this Act, the regulations or any Guidelines made under section 238-10 .

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History

S 238-1(1) amended by No 160 of 2012, s 3 and Sch 4 item 2, by omitting " in the Department " after " APS employee " , effective 1 January 2013.

238-1(2)    

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The *Secretary may, in writing, delegate to a *review officer of a higher education provider the Secretary ' s powers under Division 209 to reconsider *reviewable decisions made by the provider:

(a)    

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under subsection 36-12(2) or 36-20(1) ; or

(b)    relating to Chapter 3 .

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History

S 238-1(2) amended by No 89 of 2023, s 3 and Sch 1 item 16, by substituting " or " for " , paragraph 36-13(2)(b) or subsection " in para (a), effective 1 January 2024.

S 238-1(2) amended by No 93 of 2020, s 3 and Sch 4 item 40C, by substituting para (a), effective 1 January 2022. Para (a) formerly read:

(a) under subsection 36-12(2) or 36-20(1); or

S 238-1(2) amended by No 93 of 2020, s 3 and Sch 4 item 36, by substituting para (a), effective 1 January 2021. Para (a) formerly read:

(a) under section 36-20; or

S 238-1(2) amended by No 104 of 2011, s 3 and Sch 2 item 24, by substituting " 36-20 " for " 36-22 " in para (a), applicable in relation to units of study whose census dates are on or after 1 January 2012. For transitional provisions see note under s 3-10 .

238-1(2A)    

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The *Secretary may, in writing, delegate to a *review officer of *Open Universities Australia the Secretary ' s powers under Division 209 to reconsider *reviewable decisions made by Open Universities Australia relating to Chapter 3 .

238-1(2B)    

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A review officer of *Open Universities Australia is a person, or a person included in a class of persons, whom:

(a)    

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the chief executive officer of Open Universities Australia; or

(b)    

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a delegate of the chief executive officer of Open Universities Australia;

has appointed to be a review officer of Open Universities Australia for the purposes of reviewing decisions made by it relating to assistance under Chapter 3 .

238-1(3)    
In exercising powers under the delegation, the delegate must comply with any directions of the *Secretary.

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