Commonwealth Consolidated Acts

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HUMAN SERVICES (MEDICARE) ACT 1973 - SECT 8AC

Delegation

  (1)   The Chief Executive Medicare may, by writing, delegate to a Departmental employee all or any of the functions of the Chief Executive Medicare under this Act or any other Act.

  (1A)   For the purposes of subsection   (1), it is immaterial whether a function of the Chief Executive Medicare is a function of the kind mentioned in subsection   5(3) or (10).

  (2)   However, the Chief Executive Medicare must not delegate functions conferred on him or her under another Act if the delegation is inconsistent with the express provisions of that Act.

  (3)   The Chief Executive Medicare may, by writing, delegate to a Departmental employee all or any of the functions delegated to the Chief Executive Medicare under another Act.

  (4)   However, the Chief Executive Medicare must not delegate functions delegated to him or her under another Act if the delegation by the Chief Executive Medicare would be inconsistent with the express provisions of that Act or with the directions given by the person who delegated the function.

  (5)   In performing functions delegated to the Chief Executive Medicare under another Act, the Chief Executive Medicare, and any person to whom the function is subdelegated under subsection   (3), must comply with any directions of the person who delegated the function.

  (6)   In performing functions delegated or subdelegated under this section, the delegate or subdelegate must comply with any directions of the Chief Executive Medicare.

  (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.



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