Document ID: chunk:federal_register_of_legislation:C2008A00125:clause:5_47
Version: federal_register_of_legislation:C2008A00125
Segment Type: clause
Provision Reference: sch 5 cl 47
Character Range: 93490–95855

47  Delegation by Authority

 (1) The Authority may, by writing under its common seal, delegate any or all of its powers or functions under this Act to any of the following:
 (a) the Chairperson;
 (b) an employee of the Department or of the Authority;
 (c) an officer or employee of an Agency (within the meaning of the Public Service Act 1999) in respect of whom an arrangement is in force under subsection 48A(1);
 (d) an officer or employee of a Commonwealth authority (within the meaning of the Commonwealth Authorities and Companies Act 1997) in respect of whom an arrangement is in force under subsection 48A(2);
 (e) an officer or employee of Queensland, or of an authority of Queensland (including a local government body), in respect of whom an arrangement is in force under subsection 48A(3).

 (2) The Authority may, by writing under its common seal, sub‑delegate to a person mentioned in subsection (1) a power or function delegated to the Authority under this or any other Act.

 (3) Despite subsection (1) or (2), the Authority must not delegate or sub‑delegate under that subsection a power or function under Part VAA (Offences and penalties) or Part VIII (Enforcement) of this Act or under Part 17 (Enforcement) of the Environment Protection and Biodiversity Conservation Act 1999 to a person mentioned in paragraph (1)(b), (c), (d) or (e) unless the person:
 (a) is an SES employee or an acting SES employee; or
 (b) holds, or is acting in, an Executive Level 1 or 2, or equivalent, position; or
 (c) is of equivalent rank to an APS employee who:
 (i) is an SES employee or acting SES employee; or
 (ii) holds, or is acting in, an Executive Level 1 or 2, or equivalent, position.

 (4) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 apply to a sub‑delegation under subsection (2) in the same way as they apply to a delegation.

 (5) In exercising powers or performing functions under a delegation, the delegate must comply with any directions of the Authority.

 (6) In exercising powers or performing functions under a sub‑delegation, the sub‑delegate must comply with any directions of the Authority.

 (7) If the Authority is subject to a direction in relation to the exercise of a power or the performance of a function sub‑delegated under this section, the Authority must give a corresponding direction to the sub‑delegate.