Commonwealth Consolidated Acts

FOREIGN ACQUISITIONS AND TAKEOVERS ACT 1975 - SECT 101F

Scope of this section

  (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

  (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

  (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.

  (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

  (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.

  (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

  (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

  (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.