Document ID: chunk:federal_register_of_legislation:C2022C00255:section:40
Version: federal_register_of_legislation:C2022C00255
Segment Type: section
Provision Reference: s 40
Character Range: 32232–33860

40  Delegation by the Authority
 (1) The Authority may, by writing, delegate any or all of its functions and powers to:
 (a) the CEO; or
 (b) an Authority member or associate Authority member; or
 (c) a person who is:
 (i) a member of the staff of the Authority; and
 (ii) an SES employee or acting SES employee; or
 (d) a person who is:
 (i) a member of the staff of the Authority; and
 (ii) an APS employee who holds or performs the duties of an Executive Level 2 position or an equivalent position; or
 (e) a person who is:
 (i) an SES employee, or acting SES employee, in the Climate Change Department; and
 (ii) a person assisting the Authority under section 53; or
 (f) a person who:
 (i) is an APS employee in the Climate Change Department; and
 (ii) is a person assisting the Authority under section 53; and
 (iii) holds or performs the duties of an Executive Level 2 position or an equivalent position.
Note: The expressions APS employee, SES employee and acting SES employee are defined in the Acts Interpretation Act 1901.
 (2) A delegate must comply with any written directions of the Authority.
 (3) The Authority must not delegate a function or power to an associate Authority member unless the function or power relates to a matter connected with:
 (a) the review specified in the associate Authority member's instrument of appointment; or
 (b) assisting the Climate Change Minister to prepare the Commonwealth Government's response to recommendations set out in a report of the review specified in the associate Authority member's instrument of appointment.

Division 6—Chief Executive Officer of the Authority