(1) The Commonwealth Secretary must, in writing, designate a position in the Commonwealth Department as the position of Regulator.
Note: For creation of positions, see section 77 of the Public Service Act 1999 .
(2) The position of Regulator can only be occupied by an SES employee.
(3) The Regulator is the SES employee who occupies that position.
(4) An instrument under subsection (1) is not a legislative instrument.