Commonwealth Consolidated Acts

BIOSECURITY ACT 2015 - SECT 643

Delegation to Director of Biosecurity and SES staff in Agriculture Department

  (1)   The Agriculture Minister may, by writing, delegate any or all of his or her functions or powers under this Act (other than those mentioned in subsection   (2) or (3)) to:

  (a)   the Director of Biosecurity; or

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

Note 1:   The reference to this Act includes a reference to regulations made under this Act (see the definition of this Act in section   9).

Note 2:   The expressions SES employee and acting SES employee are defined in section   2B of the Acts Interpretation Act 1901 .

Note 3:   For delegation of powers by the Director of Biosecurity, see section   542.

  (1A)   Without limiting subsection   (1), the Agriculture Minister may, by writing, delegate any or all of the Agriculture Minister's powers under section   614B to an SES employee, or acting SES employee, in a Department of State of the Commonwealth other than the Agriculture Department.

  (2)   The Agriculture Minister must not delegate any of his or her functions or powers under any of the following provisions:

  (a)   section   543 (giving directions to Director of Biosecurity);

  (b)   section   642 (arrangements with States and Territories).

  (3)   This section does not apply in relation to a function or power of the Agriculture Minister under Part   1 of Chapter   8 (biosecurity emergencies).

Note:   For delegation and subdelegation of certain powers of the Agriculture Minister under Part   1 of Chapter   8, see sections   453 and 454.

Delegate or subdelegate must comply with directions

  (6)   In performing any functions or exercising any powers under a delegation or subdelegation, the delegate or subdelegate must comply with any directions of the Agriculture Minister or the person who delegated the function or power.

Application of the Acts Interpretation Act 1901 to subdelegation

  (7)   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.