Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) A service chief mentioned in an item in Table 1 may delegate all or any of his or her powers and functions under regulations 5, 14 and 17 to a delegate mentioned in the item.
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TABLE 1 |
DELEGATION FOR REGULATIONS 5, 14 AND 17 |
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Item |
Delegate |
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1 |
Chief of Navy |
(a) an officer of the Navy or the Australian Navy Cadets of the rank of Lieutenant‑Commander or above |
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(b) an Australian Public Service employee of the Department of Defence of Executive Level 1 or above |
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2 |
Chief of Army |
(a) an officer of the Army or the Australian Army Cadets of the rank of Captain or above |
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(b) an Australian Public Service employee of the Department of Defence of Australian Public Service 6 or above |
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3 |
Chief of Air Force |
(a) an officer of the Australian Air Force or the Australian Air Force Cadets of the rank of Squadron Leader or above |
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(b) an Australian Public Service employee of the Department of Defence of Executive Level 1 or above |
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(2) A service chief mentioned in an item in Table 2 may delegate all or any of his or her powers and functions under the following provisions to a delegate mentioned in the item:
(a) regulation 6;
(b) subregulation 8 (3);
(c) subregulation 8 (4);
(d) regulation 11;
(e) regulation 15.
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TABLE 2 |
DELEGATION FOR REGULATIONS 6, 11 AND 15 AND SUBREGULATIONS 8 (3) AND (4) |
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Item |
Delegate |
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1 |
Chief of Navy |
(a) any member of the Navy of the rank of Petty Officer or above |
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(b) any officer or instructor of the Australian Navy Cadets of the rank of Petty Officer or above |
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(c) an Australian Public Service employee of the Department of Defence of Australian Public Service 5 or above |
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2 |
Chief of Army |
(a) any member of the Army of the rank of Warrant Officer Class Two or above |
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(b) any officer or instructor of the Australian Army Cadets of the rank of Corporal or above |
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(c) an Australian Public Service employee of the Department of Defence of Australian Public Service 5 or above |
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3 |
Chief of Air Force |
(a) any member of the Australian Air Force of the rank of Warrant Officer or above |
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(b) any officer or instructor of the Australian Air Force Cadets of the rank of Warrant Officer or above |
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(c) an Australian Public Service employee of the Department of Defence of Australian Public Service 5 or above |
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Note In accordance with section 34AB of the Acts Interpretation Act 1901 :
Where an Act confers power on a person or body (in this section called the authority ) to delegate a function or power:
(a) the delegation may be made either generally or as otherwise provided by the instrument of delegation;
(b) the powers that may be delegated do not include that power to delegate;
(c) a function or power so delegated, when performed or exercised by the delegate, shall, for the purposes of the Act, be deemed to have been performed or exercised by the authority;
(d) a delegation by the authority does not prevent the performance or exercise of a function or power by the authority.