Commonwealth Consolidated Acts

NATIONAL HEALTH REFORM ACT 2011 - SECT 161

  (1)   Subject to subsections   (3) and (4), the Pricing Authority may, by writing, delegate one or more of its functions and powers to:

  (a)   a member of the Pricing Authority; or

  (b)   the Pricing Authority CEO; or

  (c)   a person who is:

  (i)   a member of the staff of the Pricing Authority; and

  (ii)   an SES employee or acting SES employee.

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

  (2)   Subject to subsection   (4), if:

  (a)   the services of an officer or employee mentioned in paragraph   174(a) or (b) are made available to the Pricing Authority in connection with the performance of a function of the Pricing Authority; and

  (b)   the officer or employee is an SES employee or acting SES employee;

the Pricing Authority may, in writing, delegate the function to the officer or employee.

  (3)   The Pricing Authority must not delegate an Aged Care Act function to a member of the Pricing Authority.

  (4)   The Pricing Authority must not delegate any of the following functions or powers:

  (a)   a function set out in any of paragraphs 131(1)(a) to (f) or paragraph   131(1)(j);

  (b)   a function set out in paragraph   131(1A)(a);

  (c)   a function set out in paragraph   131A(1)(a);

  (d)   any other function that involves giving advice to the Minister;

  (e)   a function or power under Part   4.8;

  (f)   the power to make, vary or revoke a legislative instrument.

  (5)   In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Pricing Authority.