Commonwealth Consolidated Acts

FINANCIAL MANAGEMENT AND ACCOUNTABILITY ACT 1997 - SECT 53

             (1)  A Chief Executive may, by written instrument, delegate any of the following powers and functions to an official in any Agency:

                     (a)  the Chief Executive's powers or functions under this Act (including powers or functions that have been delegated to the Chief Executive under section 62 or 62A);

                     (b)  the Chief Executive's power to give instructions under regulations referred to in section 52.

       (1AA)  If:

                     (a)  the Chief Executive delegates a power or function to a person; and

                     (b)  the power or function is not one that has been delegated to the Chief Executive under section 62 or 62A;

the Chief Executive may give directions to the person in relation to the exercise of that power or the performance of that function. The person must comply with any such directions.

          (1A)  If the Chief Executive delegates to a person (the second delegate ) a power or function that has been delegated to the Chief Executive under section 62 or 62A, then that power or function, when exercised or performed by the second delegate, is taken for the purposes of this Act to have been exercised or performed by the Finance Minister or Treasurer.

             (2)  If the Chief Executive is subject to directions in relation to the exercise of a power, or the performance of a function, delegated to the Chief Executive under section 62 or 62A, then:

                     (a)  the Chief Executive must give corresponding directions to the second delegate; and

                     (b)  the Chief Executive may give other directions (not inconsistent with those corresponding directions) to the second delegate in relation to the exercise of that power or the performance of that function.

             (3)  The second delegate must comply with any directions of the Chief Executive.