Australian Centre for Disease Control (Consequential Amendments and Transitional Provisions) Act 2025 (62 of 2025)

Schedule 1   Amendments

Part 1   Amendment of the Biosecurity Act 2015

Biosecurity Act 2015

9   Section 544A

Repeal the section, substitute:

544A Delegation of Director's functions or powers

(1) The Director of Human Biosecurity may, in writing, delegate any or all of the Director's functions or powers under this Act to an SES employee, or an acting SES employee, in the Health Department.

Note 1: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.

Note 2: See also sections 34AA to 34A of the Acts Interpretation Act 1901, which contain extra rules about delegations.

(2) The functions or powers that may be delegated under subsection (1) include functions or powers the Director of Human Biosecurity has as an authorised applicant or authorised person for the purposes of a provision of the Regulatory Powers Act because of this Act.

(3) However, the Director of Human Biosecurity must not delegate the Director's functions or powers under any of the following provisions:

(a) section 113 (human health response zones);

(b) section 570 (issuing identity cards);

(c) section 618 (declared movements).

(4) Also, the Director of Human Biosecurity may delegate a function or power under Part 3 of Chapter 2 (human biosecurity control orders) only to an SES employee, or an acting SES employee, in the Health Department who is a human biosecurity officer.

(5) A human biosecurity officer cannot, under a delegation to which subsection (4) applies, perform a function or exercise a power under section 72 in relation to a human biosecurity control order if the human biosecurity officer:

(a) imposed the order under paragraph 60(1)(b); or

(b) made the request under subsection 71(3) in relation to the order.

(6) In performing any functions or exercising any powers under a delegation made under subsection (1), the delegate must comply with any directions of the Director of Human Biosecurity.