Administrative Review Tribunal Act 2024

PART 11 - MISCELLANEOUS  

Division 3 - Delegation  

SECTION 278   DELEGATION BY MINISTER  
General rule

278(1)    
The Minister may, in writing, delegate the Minister ' s functions or powers under this Act to:

(a)    the Secretary of the Department; or

(b)    the President.

Exception - functions and powers that must not be delegated

278(2)    
Despite subsection (1) , the Minister must not delegate a function or power the Minister has under section 295 (rules).

Secretary of the Department must comply with directions

278(3)    
In performing or exercising a function or power delegated under this section, the Secretary of the Department must comply with any written directions of the Minister.

Interaction with the Law Officers Act 1964

278(4)    

This section does not affect or limit the operation of section 17 of the Law Officers Act 1964 in relation to a function or power under:

(a)    section 59 (Attorney-General of the Commonwealth may become a party) of this Act; or

(b)    section 294 (legal or financial assistance) of this Act.

Note:

Section 17 of the Law Officers Act 1964 provides for the Attorney-General to delegate any of the Attorney-General ' s powers or functions.