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Textile, Clothing and Footwear Strategic Investment Program Bill 1999

Part 7 Miscellaneous

   

52   Delegation

Delegation to senior officers of the Department

             (1)  The Secretary may, by writing, delegate to one or more senior officers of the Department any or all of the Secretary’s functions or powers under this Act or the TCF (SIP) scheme.

             (2)  A delegate is, in the performance of a function delegated under subsection (1), or in the exercise of a power delegated under subsection (1), subject to the directions of the Secretary.

Delegation to senior employees of an authorised Commonwealth contractor

             (3)  The Secretary may, by writing, delegate to one or more senior employees of an authorised Commonwealth contractor any or all of the Secretary’s functions or powers under the TCF (SIP) scheme, other than the function referred to in paragraph 22(1)(b) (which deals with the reconsideration of decisions).

             (4)  A delegate is, in the performance of a function delegated under subsection (3), or in the exercise of a power delegated under subsection (3), subject to the directions of the Secretary.

Section 70 of the Crimes Act 1914

             (5)  For the purposes of the application of the definition of Commonwealth officer in subsection 3(1) of the Crimes Act 1914 to section 70 of that Act, a person who performs functions, or exercises powers, under a delegation under this section is taken to be a person who performs services for the Commonwealth.

Definitions

             (6)  In this section:

authorised Commonwealth contractor means a person who:

                     (a)  provides, or proposes to provide, services to the Commonwealth under a contract; and

                     (b)  is authorised, in writing, by the Secretary for the purposes of this definition.

senior employee , in relation to an authorised Commonwealth contractor, means an employee of the contractor, where the skills and responsibilities that are expected of the employee are equivalent to, or exceed, the skills and responsibilities expected of at least one of the senior officers of the Department.

senior officer , in relation to the Department, means:

                     (a)  a person who holds or performs the duties of a Senior Executive Service office or position in the Department; or

                     (b)  a person who holds or performs the duties of an Executive Officer (Level 2) office or position in the Department.

53   Availability of grants

                   To avoid doubt, nothing in this Act implies that grants must be available in respect of a particular income year.

54  Uniformity of bounties

             (1)  A function or power conferred on the Minister by this Act must not be performed or exercised in such a manner that any bounty under the TCF (SIP) scheme would not be uniform throughout the Commonwealth within the meaning of paragraph 51(iii) of the Constitution.

             (2)  A function or power conferred on the Minister or the Secretary by the TCF (SIP) scheme must not be performed or exercised in such a manner that any bounty under the scheme would not be uniform throughout the Commonwealth within the meaning of paragraph 51(iii) of the Constitution.

55   International obligations

             (1)  In performing a function, or exercising a power, conferred by this Act, the Minister must have regard to Australia’s obligations under:

                     (a)  the Agreement Establishing the World Trade Organization; and

                     (b)  the Australia New Zealand Closer Economic Relations Trade Agreement; and

                     (c)  an international agreement specified in the regulations.

             (2)  Subsection (1) does not limit the matters to which the Minister may have regard.

             (3)  In performing a function, or exercising a power, conferred by the TCF (SIP) scheme, the Minister or the Secretary must have regard to Australia’s obligations under:

                     (a)  the Agreement Establishing the World Trade Organization; and

                     (b)  the Australia New Zealand Closer Economic Relations Trade Agreement; and

                     (c)  an international agreement specified in the regulations.

             (4)  Subsection (3) does not limit the matters to which the Minister or the Secretary may have regard.

             (5)  In this section:

Australia New Zealand Closer Economic Relations Trade Agreement includes:

                     (a)  a Protocol relating to that agreement; and

                     (b)  an instrument under that agreement or under such a Protocol.

international agreement means:

                     (a)  a convention to which Australia is a party; or

                     (b)  an agreement between Australia and a foreign country.

56   Regulations

                   The Governor-General may make regulations prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.

 

 

 

[ Minister’s second reading speech made in—

House of Representatives on 11 February 1999

Senate on 19 April 1999 ]

 

(2/99)