Document ID: chunk:federal_register_of_legislation:C2012A00042:clause:1_13
Version: federal_register_of_legislation:C2012A00042
Segment Type: clause
Provision Reference: sch 1 cl 13
Character Range: 12464–13928

13  Delegation by the Director

General power to delegate
 (1) Subject to subsections (2) and (3), the Director may, in writing, delegate all or any of the Director's functions or powers under any Act to:
 (a) a member of staff referred to in subsection 26K(1); or
 (b) an inspector.

Functions and powers that must not be delegated
 (2) The Director must not delegate his or her functions or powers:
 (a) as an inspector; or
 (b) under section 45 (which deals with applying for an examination notice); or
 (c) under subsection 50(3) or (4) (which deal with varying the time for compliance with an examination notice).

Functions and powers that may only be delegated to SES employees
 (3) The Director must not delegate his or her functions or powers under the following provisions to anyone other than a member of staff referred to in subsection 26K(1) who is an SES employee:
 (a) subsection 51(2) (which deals with conducting an examination);
 (b) subsection 51(4) (which deals with administering an oath or affirmation at an examination).

Delegate subject to direction
 (4) In performing functions or exercising powers under a delegation, the delegate must comply with any directions of the Director.

Details of delegation must be published
 (5) As soon as practicable after delegating any function or power under this section, the Director must publish details of the delegation.
Note: See also sections 34AA and 34AB of the Acts Interpretation Act 1901.