Commonwealth Numbered Acts

INDUSTRIAL RELATIONS LEGISLATION AMENDMENT ACT (No.2) 1992 No. 215 of 1992 - SECT 19

19. Section 11 of the Principal Act is repealed and the following sections are
substituted: Delegation by Secretary

"11.(1) The Secretary to the Department ('the Secretary') may, by writing
signed by the Secretary, delegate to an officer of or person employed in the
Department, to the Secretary of another Department or to the chief executive
officer of a prescribed authority, any of the Secretary's functions or powers
under this Act.

"(2) A delegation of a function or power under subsection (1):

   (a)  subject to paragraph (b), continues in force even though the person
        who gave the delegation has ceased to be the Secretary; and

   (b)  may be revoked by writing signed by the Secretary for the time being.

"(3) If the Secretary has delegated a function or power under subsection (1),
the Secretary may issue guidelines to the delegate with respect to the
performance of the function or the exercise of the power. Sub-delegation by
delegate of Secretary

"12.(1) If the Secretary to the Department ('the Secretary') delegates a
function or power under section 11 to the Secretary of another Department, the
delegate may, unless the instrument of delegation prohibits it, sub-delegate
the function or power, by writing signed by the delegate, to an officer of or
person employed in that Department.

"(2) If the Secretary delegates a function or power under section 11 to the
chief executive officer of a prescribed authority, that chief executive
officer may, unless the instrument of delegation prohibits it, sub-delegate
the function or power, by writing signed by the delegate, to an officer or
employee of the authority.

"(3) A function or power sub-delegated under subsection (1) or (2), when
performed or exercised by the sub-delegate, is taken for the purposes of this
Act to have been performed or exercised by the Secretary.

"(4) A sub-delegation of a function or power under subsection (1) or (2):

   (a)  does not prevent the performance of the function or the exercise of
        the power by the Secretary or the delegate; and

   (b)  subject to paragraph (c), continues in force even though:

        (i)    the person who gave the delegation has ceased to be the
               Secretary; or

        (ii)   the person who gave the sub-delegation has ceased to be
               Secretary of the other Department or chief executive officer of
               the prescribed authority, as the case may be; and

   (c)  may be revoked by writing signed by the Secretary of the other
        Department, or by the chief executive officer of that authority, as
        the case may be, for the time being.

"(5) If:

   (a)  the Secretary has delegated a function or power under section 11 and
        has issued guidelines to the delegate with respect to the performance
        of the function or the exercise of the power; and

   (b)  the delegate has sub-delegated the function or power; the delegate:

   (c)  must issue corresponding guidelines to the sub-delegate; and

   (d)  may issue guidelines, not inconsistent with the guidelines issued by
        the Secretary, to the sub-delegate with respect to the performance of
        the function or the exercise of the power.

"(6) Subject to the preceding provisions of this section, sections 34AA, 34AB
and 34A of the Acts Interpretation Act 1901 apply to a power to sub-delegate
under this section, and to a sub-delegation given under such a power, in the
same way as they would apply if the power were a power to delegate and the
sub-delegation were a delegation.".