Document ID: chunk:federal_register_of_legislation:C2009A00020:clause:1_63c
Version: federal_register_of_legislation:C2009A00020
Segment Type: clause
Provision Reference: sch 1 cl 63C
Character Range: 30906–33281

63C  Delegation by the Chief Commissioner

 (1) Subject to subsections (2) to (5), the Chief Commissioner may, by writing, delegate to any person all or any of his or her powers under this Act, other than the power to appoint a special investigator under section 63E.

Note 1: Functions and duties can also be delegated: see the definition of power.

Note 2: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

Limitations on delegation

 (2) The Chief Commissioner must not delegate his or her powers under section 32 to anyone other than:
 (a) an SES employee; or
 (b) a person who holds or performs the duties of an APS Executive Level 1 or 2 position or an equivalent position; or
 (c) a person employed by any authority or body constituted by or under a law of the Commonwealth, where the skills and responsibilities that are expected of the person are equivalent to, or exceed, the skills and responsibilities expected of a person covered by paragraph (a) or (b); or
 (d) a special investigator.

Note: For the definition of SES employee, see section 17AA of the Acts Interpretation Act 1901.

 (3) The Chief Commissioner must not delegate his or her powers under section 35 (in so far as that section applies to residential premises) to anyone other than:
 (a) an APS employee; or
 (b) a person employed by any authority or body constituted by or under a law of the Commonwealth.

 (4) The Chief Commissioner must not delegate his or her powers under section 40 or 41 to anyone other than:
 (a) an SES employee; or
 (b) a person who holds or performs the duties of an APS Executive Level 1 or 2 position or an equivalent position; or
 (c) a person employed by any authority or body constituted by or under a law of the Commonwealth, where the skills and responsibilities that are expected of the person are equivalent to, or exceed, the skills and responsibilities expected of a person covered by paragraph (a) or (b).

 (5) The Chief Commissioner must not delegate his or her powers to a person unless the Commissioner is satisfied that the person satisfies the criteria prescribed by the regulations.

Delegate to comply with directions

 (6) In exercising powers under a delegation, the delegate must comply with any directions of the Chief Commissioner.

Note: See sections 34AA to 34A of the Acts Interpretation Act 1901.