PLANT BREEDER'S RIGHTS ACT 1994 - SECT 59 Delegation

PLANT BREEDER'S RIGHTS ACT 1994 - SECT 59

Delegation of Minister's statutory powers and functions

  (1)   The Minister may, by signed instrument, delegate to the Registrar, or to an SES employee, or acting SES employee, in the Department, any of the powers or functions of the Minister under this Act or the regulations.

Delegation of Registrar's statutory powers and functions

  (3)   The Registrar may, by signed instrument, delegate to a prescribed employee, or employees in a prescribed class, any of the powers or functions of the Registrar under this Act or the regulations.

Subdelegation of delegated powers and functions

  (4)   A person to whom a power or function under this Act or the regulations has been delegated by the Minister under subsection   (1) may, by signed instrument, delegate the power or function to a prescribed employee, or employees in a prescribed class.

  (5)   A power or function that is exercised or performed by an employee under a delegation under subsection   (4) is taken, for the purposes of this Act and the regulations, to have been exercised or performed by the Minister.

Requirement to act under direction or supervision

  (6)   If required by an instrument under subsection   (3) or (4) delegating a power or function to an employee, the employee must exercise the power or perform the function under the direction or supervision of:

  (a)   the person who delegated the power or function to the employee; or

  (b)   another employee specified in the instrument.

This subsection applies whether the instrument identifies the employee specifically or by reference to a class.

Definition

  (7)   In subsections   (3), (4), (5) and (6):

"employee" means a person who is engaged under the Public Service Act 1999 or otherwise for or on behalf of the Commonwealth and whose duties involve providing assistance to the Registrar.