Page 2357 - Week 08 - Wednesday, 22 June 1994

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"(7) If -

(a) the Commissioner gives a delegation or sub-delegation under subsection (2) or a Chief Executive gives a delegation or sub-delegation under subsection (4); and

(b) the delegation or sub-delegation is expressed to be given to persons each of whom occupies or performs the duties of an office of a kind described in the delegation or sub-delegation;

the delegation or sub-delegation extends to any person who occupies, or performs the duties of, an office of a kind described in the delegation or sub-delegation, even though the office does not come into existence until after the delegation or sub-delegation is given.".

Subclauses 36(2) to 36(7) are amended by inserting provisions allowing the commissioner or the chief executive to subdelegate their powers under this Act and under a law other than this Act. The need for the amendment became apparent in preparing consequential amendments to the Administration Act 1988 that are provided for in the Public Sector Management (Consequential and Transitional Provisions) Bill 1994, and subdelegation is possible presently under that Act. The amendments will have the effect of retaining something that can currently be done, which is known as subdelegation. By way of illustration, the Treasurer delegates Audit Act powers to the Under Treasurer, who needs then to be able to subdelegate those to other public servants. So this amendment is aimed at retaining that subdelegation power.

MR KAINE (3.42): Again, I do not necessarily oppose this, but it is one of those amendments that are a little obscure. This amendment rests on the definition at the beginning of clause 36 of "public sector officer". It is something we have not had before, and the Government has found it necessary to define this, because of their all-encompassing Bill, in these words:

"public sector officer" means -

(a) an officer or employee;

(b) a statutory office holder; or

(i) an officer or employee; or

(ii) a statutory office holder.

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