Document ID: chunk:federal_register_of_legislation:C2008A00125:clause:5_48
Version: federal_register_of_legislation:C2008A00125
Segment Type: clause
Provision Reference: sch 5 cl 48
Character Range: 95855–97201

48  Delegation by Chairperson

 (1) The Chairperson may, by signed writing, sub‑delegate a power or function delegated to the Chairperson under this or any other Act to a member of the staff of the Authority. However, this subsection does not allow the Chairperson to sub‑delegate a power or function that has been sub‑delegated to the Chairperson.

 (2) Despite subsection (1), the Chairperson must not 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 unless the member of staff:
 (i) is an SES employee or an acting SES employee; or
 (ii) holds, or is acting in, an Executive Level 1 or 2, or equivalent, position.6666

 (3) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 apply to a sub‑delegation under subsection (1) in the same way as they apply to a delegation.

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

 (5) If the Chairperson 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 Chairperson must give a corresponding direction to the sub‑delegate.