Commonwealth Consolidated Acts Commonwealth Consolidated ActsDelegation by Director of Biosecurity
(1) The Director of Biosecurity may, in writing, delegate any or all of the Director's functions or powers under this Act to an SES employee, or an acting SES employee, in the Agriculture Department. The functions or powers that may be delegated under this subsection:
(a) include functions or powers the Director has as a relevant chief executive, authorised applicant, infringement officer or authorised person for the purposes of a provision of the Regulatory Powers Act because of this Act; and
(b) exclude:
(i) the power to make the determination under section 308A; and
(ii) functions and powers under subsections 541(1) and 618(2) of this Act.
Note 1: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901 .
Note 2: See also sections 34AA and 34AB of the Acts Interpretation Act 1901 .
Subdelegation
(2) If, under subsection (1), the Director of Biosecurity delegates a function or power to an SES employee or an acting SES employee in the Agriculture Department, the employee may, in writing, subdelegate the function or power to a person who:
(a) is a biosecurity officer; or
(b) is a biosecurity enforcement officer; or
(c) holds, or is acting in, an Executive Level 1 or 2, or equivalent, position in the Agriculture Department.
Powers and functions that must not be subdelegated
(3) However, a power or a function under a provision of this Act referred to in the following table must not be subdelegated under subsection (2):
Powers and functions that must not be subdelegated | ||
Item | Powers and functions | Provision |
2 | To give approval for high - value goods to be treated in a manner that is likely to damage the goods | Subsection 133(2) |
3 | To give approval for requiring high - value goods to be destroyed | Subsection 136(2) |
4 | To determine that specified goods or a specified class of goods must not be brought or imported into Australian territory | Subsection 173(1) |
5 | To determine that specified classes of goods must not be brought or imported into Australian territory unless specified conditions are complied with | Subsection 174(1) |
6 | To determine that specified goods or a specified class of goods must not be brought or imported into Australian territory for a specified period | Subsection 182(1) |
7 | To vary a determination in force under subsection 182(1) | Subsection 183(1) |
8 | To approve the manner in which information must be provided under subsection 196(2) by persons intending to enter, or entering, Australian territory | Subsection 196(3) |
9 | To approve the giving of a direction requiring an aircraft or vessel to be moved to a place outside Australian territory | Paragraph 206(3)(a) |
10 | To approve a biosecurity officer causing an aircraft or vessel to be moved to a place outside Australian territory | Paragraph 206(3)(b) |
11 | To give approval for a high - value conveyance to be treated in a manner that is likely to damage the conveyance | Subsection 208(2) |
12 | To give approval for a conveyance to be removed from Australian territory, destroyed or otherwise disposed of | Paragraph 209(5)(d) |
13 | To give approval for requiring a conveyance to be destroyed or for destruction of a conveyance | Subsection 210(2) and paragraph 210(5)(e) |
14 | To give approval for a direction requiring an aircraft not to land at any landing place in Australian territory | Subsection 241(2) |
15 | To give approval for a direction requiring a vessel not to be moored at any port in Australian territory | Subsection 249(2) |
16 | To give approval for high - value goods to be treated in a manner that is likely to damage the goods | Subsection 335(2) |
17 | To give approval for a high - value conveyance to be treated in a manner that is likely to damage the conveyance | Subsection 337(2) |
18 | To give approval for a conveyance to be destroyed | Subparagraph 338(5)(d)(i) |
19 | To give approval for premises to be treated in a manner that is likely to damage the premises | Subsection 339(3) |
20 | To give approval for premises to be destroyed | Subparagraphs 341(3)(d)(ii) and (4)(b)(ii) |
21 | To give approval for high - value goods to be destroyed | Subsection 342(2) |
22 | To give approval for requiring a conveyance to be destroyed or taking action to destroy a conveyance | Subsection 343(2) and paragraph 343(5)(d) |
23 | To give approval for requiring premises to be destroyed | Subsection 344(3) |
24 | To determine a biosecurity response zone | Subsection 365(1) |
25 | To determine a temporary biosecurity monitoring zone | Subsection 384(1) |
26 | To determine a biosecurity activity zone | Subsection 395(1) |
26A | To arrange for the use of computer programs for purposes related to making certain decisions under this Act and any other power or function conferred by section 541A | Section 541A |
26AA | Subsection 524A(1) | |
26AB | To use or disclose relevant information | |
27 | To cause an abandoned conveyance to be destroyed | Subsection 629(3) |
28 | To cause a forfeited conveyance to be destroyed | Subsection 630(3) |
Delegate or subdelegate must comply with directions
(4) In performing any functions or exercising any powers under a delegation or subdelegation, the delegate or subdelegate must comply with any directions of the Director of Biosecurity or the person who delegated the function or power.
Application of the Acts Interpretation Act 1901 to subdelegation
(5) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 apply in relation to a subdelegation in a corresponding way to the way in which they apply in relation to a delegation.