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Wednesday, 19 November 1997
Page: 9090

Senator HARRADINE(12.06 p.m.) —I am inclined to oppose this amendment as well. The argument put forward for the proposed opposition amendment is that an agency head could delegate to certain persons. Under the explanatory memorandum, as I see it, the `certain persons' are senior officials. At 78(5) it says that the commissioner may, in writing, delegate to a senior official any of the commissioner's powers or functions under this act, other than this section. Clearly, the senior officials are defined in the bill as any persons who hold any office or appointment under the act, or SES employees or acting SES employees.

In amendment 73, the opposition is proposing to add a provision—unless I am again reading the wrong provision—to omit (5). Is that right?

Senator Faulkner —No, it is just substituting the words `this Act' for `an Act'.

Senator HARRADINE —I can see that now. I ask the opposition: how do you get to the situation of allowing the delegation of powers to those who were indicated by the minister? It seems to me that it would be quite reasonable for the commissioner to be able to delegate matters to the persons that the minister nominated in his example.