Commonwealth Numbered Acts

PUBLIC SERVICE LEGISLATION (STREAMLINING) ACT 1986 No. 153, 1986 - SECT 11

11. (1) Section 16 of the Principal Act is amended-

   (a)  by omitting sub-section (1A) and substituting the following
        sub-sections:

"(1A) Where the Board delegates a power or function to a Secretary, the
Secretary may, unless the instrument of delegation prohibits it, sub-delegate
the power or function, by instrument in writing signed by the Secretary, to a
person other than a person engaged as a consultant under section 4 of the
Members of Parliament (Staff) Act 1984.

"(1B) A Secretary is not empowered to sub-delegate a power or function under
sub-section (1A) to a person who is not-

   (a)  an officer or an employee; or

   (b)  a person appointed to an office, under a law of the Commonwealth, by
        the Governor-General or a Minister,
unless the Board approves, in writing, the delegation of the power or function
to that person.

"(1C) A power or function delegated under sub-section (1) or sub-delegated
under sub-section (1A), when exercised or performed by the delegate or
sub-delegate, shall, for all purposes, be deemed to have been exercised or
performed by the Board.";

   (b)  by omitting from sub-section (2) "under this section" and substituting
        "under sub-section (1)";

   (c)  by inserting before paragraph (2) (a) the following paragraph:

"(aa) may be absolute or conditional;"; and

   (d)  by omitting sub-sections (2A) and (3) and substituting the following
        sub-sections:

"(3) A sub-delegation of a power or function by the Secretary of a Department
under sub-section (1A)-

   (a)  may be absolute or conditional;

   (b)  does not prevent the exercise of the power or the performance of the
        function by the Board or by the Secretary;

   (c)  subject to paragraph (d), continues in force notwithstanding any
        change in the membership of the Board or the appointment of another
        person as the Secretary of the Department; and

   (d)  may be revoked by instrument in writing signed by the Secretary for
        the time being of the Department.

"(4) Where-

   (a)  the exercise of a power or function by the Board is dependent upon the
        opinion, belief or state of mind of the Board in relation to a matter;
        and

   (b)  the power or function has been delegated or sub-delegated under this
        section,
the power or function may be exercised by the delegate or sub-delegate upon
the opinion, belief or state of mind of the delegate or sub-delegate, as the
case may be, in relation to the matter.

"(5) Where the Board has delegated a power or function to a person under
sub-section (1)-

   (a)  the Board may give directions to the delegate with respect to the
        exercise of the power or the performance of the function; and

   (b)  if the delegate has sub-delegated the power or function under
        sub-section (1A), the delegate-

        (i)    shall, if the Board has given a direction to the delegate under
               paragraph (a) with respect to the exercise of the power or the
               performance of the function, give a corresponding direction to
               the sub-delegate; and

        (ii)   may, subject to any direction given to the delegate by the
               Board under paragraph (a), give directions to the sub-delegate
               with respect to the exercise of the power or the performance of
               the function.".

(2) An appointment to the Service made or purported to be made, before the
commencement of this section, by a person acting pursuant to a delegation by
the Board is, and shall be deemed to have been, for all purposes, as valid as
if it had been made by the Board.