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Intellectual Property Laws Amendment Bill 2006

Schedule 15 Delegation

   

Designs Act 2003

1  Subsection 124(1)

After “this Act”, insert “, the regulations”.

Plant Breeder’s Rights Act 1994

2  Section 59

Repeal the section, substitute:

59   Delegation

Delegation of Minister’s statutory powers and functions

             (1)  The Minister may, by signed instrument, delegate to the Registrar, or to an SES employee, or acting SES employee, in the Department, any of the powers or functions of the Minister under this Act or the regulations.

Delegation of Secretary’s statutory powers and functions

             (2)  The Secretary may, by signed instrument, delegate to the Registrar, or to an SES employee, or acting SES employee, in the Department, any of the powers or functions of the Secretary under this Act or the regulations.

Delegation of Registrar’s statutory powers and functions

             (3)  The Registrar may, by signed instrument, delegate to a prescribed employee, or employees in a prescribed class, any of the powers or functions of the Registrar under this Act or the regulations.

Subdelegation of delegated powers and functions

             (4)  A person to whom a power or function under this Act or the regulations has been delegated by the Minister or the Secretary under subsection (1) or (2) may, by signed instrument, delegate the power or function to a prescribed employee, or employees in a prescribed class.

             (5)  A power or function that is exercised or performed by an employee under a delegation under subsection (4) is taken, for the purposes of this Act and the regulations, to have been exercised or performed by the person who originally delegated the corresponding power or function under subsection (1) or (2).

Requirement to act under direction or supervision

             (6)  If required by an instrument under subsection (3) or (4) delegating a power or function to an employee, the employee must exercise the power or perform the function under the direction or supervision of:

                     (a)  the person who delegated the power or function to the employee; or

                     (b)  another employee specified in the instrument.

This subsection applies whether the instrument identifies the employee specifically or by reference to a class.

Definition

             (7)  In subsections (3), (4), (5) and (6):

employee means a person who is engaged under the Public Service Act 1999 or otherwise for or on behalf of the Commonwealth and whose duties involve providing assistance to the Registrar.

3  Saving

(1)       A delegation in force under section 59 of the Plant Breeder’s Rights Act 1994 immediately before the commencement of this Schedule has effect on and after that commencement as if it had been made on that commencement.

(2)       This item does not prevent the revocation or variation of the delegation after that commencement.