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SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SCHEDULE 5 Provisions relating to the Chief Executive Centrelink etc.

SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SCHEDULE 5

Provisions relating to the Chief Executive Centrelink etc.

 

 

1   References to the Secretary and the Department--requirements etc. by delegate

  (1)   If the Secretary delegates to the CEO or an employee of the Agency a power under the social security law to require or request a person to give the Secretary a document or information, the delegate may, in exercising the power, require or request the person to give the document or information to the Chief Executive Centrelink instead of the Secretary.

  (2)   If the Secretary delegates to the Chief Executive Centrelink or a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997 ) a power under the social security law to require or request a person to give or send to, or lodge with, the Department a document or information, the delegate may, in exercising the power, require or request the person to give or send the document or information to the Human Services Department, or lodge it with the Human Services Department, instead of the Department.

  (3)   A person who:

  (a)   gives a document or information to the Chief Executive Centrelink; or

  (b)   gives or sends a document or information to the Human Services Department, or lodges it with the Human Services Department;

in compliance with a requirement or a request by a delegate of the Secretary is to be treated for all purposes as if the person had:

  (c)   given the document or information to the Secretary; or

  (d)   given or sent the document or information to the Department, or lodged it with the Department;

as the case may be, in compliance with a requirement or request by the Secretary.

  (4)   A person who:

  (a)   does not give a document or information to the Chief Executive Centrelink; or

  (b)   does not give or send a document or information to the Human Services Department, or lodge it with the Human Services Department;

in compliance with a requirement or request by a delegate of the Secretary is to be treated for all purposes as if the person:

  (c)   had not given the document or information to the Secretary; or

  (d)   had not given or sent the document or information to the Department, or lodged it with the Department;

as the case may be, in compliance with a requirement or request by the Secretary.

2   References to the Secretary and the Department--directions by Secretary

  (1)   Subject to subclause   (3), if:

  (a)   the Secretary delegates to the Chief Executive Centrelink or a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997 ) all or any of the Secretary's powers under the social security law; and

  (b)   the delegation makes a reference to the Secretary, the Department, or an officer of the Department, in another provision of the social security law inappropriate, whether for administrative reasons or any other reason;

the provision has effect as if:

  (c)   the reference to the Secretary were a reference to the Chief Executive Centrelink; or

  (d)   the reference to the Department were a reference to the Human Services Department; or

  (e)   the reference to an officer of the Department were a reference to a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997 );

as the case requires.

  (2)   The Secretary may, by legislative instrument, direct that a provision to which subclause   (1) applies is to have an operation different from that provided for by that subclause.

  (3)   If the Secretary gives a direction under subclause   (2) in relation to a provision, the provision has effect in accordance with the direction while the direction is in force.

  (4)   A direction under subclause   (2) comes into force on the first moment of the day next following the day when it is registered in the Federal Register of Legislation under the Legislation Act 2003 , or on such later day as is specified in it, and remains in force until it is revoked .

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