Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subsection 41C(1) or (2) does not apply to conduct engaged in by a person in accordance with an authorisation (including any conditions) in force under subsection (2) of this section in relation to the person.
Note: A defendant bears an evidential burden in relation to the matter in subsection (1): see subsection 13.3(3) of the Criminal Code .
(2) For the purposes of subsection (1), the Secretary may, by writing, authorise specified persons to engage in specified conduct. The authorisation may make the conduct subject to specified conditions.
Note: For specification by class, see subsection 33(3AB) of the Acts Interpretation Act 1901 .
(3) An authorisation under subsection (2) ceases to be in force in relation to a person if the person contravenes a condition of the authorisation that applies to the person.
(4) Subsection (3) does not limit the application of subsection 33(3) of the Acts Interpretation Act 1901 in relation to an authorisation under subsection (2) of this section.
Note: Subsection 33(3) of the Acts Interpretation Act 1901 deals with revocation and variation etc. of instruments.
Delegation
(5) The Secretary may, by writing, delegate the Secretary's powers under subsection (2) to:
(a) the Chief Executive Medicare; or
(b) any other APS employee in Services Australia; or
(c) an APS employee in the Department administered by the Minister administering the Health Insurance Act 1973 .
Note: The expression APS employee is defined in section 2B of the Acts Interpretation Act 1901 .
(6) A delegate must comply with any written directions of the Secretary.
Authorisation not a legislative instrument
(7) An authorisation under subsection (2) is not a legislative instrument.