Document ID: chunk:federal_register_of_legislation:C2024A00104:section:574
Version: federal_register_of_legislation:C2024A00104
Segment Type: section
Provision Reference: s 574
Character Range: 821796–823213

574  Delegation by Commissioner to staff or consultants

Delegation to staff of the Commission
 (1) The Commissioner may, in writing, delegate all or any of the Commissioner's functions or powers under this Act, other than Parts 2 to 9 of Chapter 6 (regulatory mechanisms), to a member of the staff of the Commission.
Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.

Delegation to holders of specified non‑SES offices or positions
 (2) Before delegating a function or power under subsection (1) to an APS employee holding, occupying, or performing the duties of a specified office or position that is not an SES office or position, the Commissioner must have regard to whether the office or position is sufficiently senior for the employee to perform the function or exercise the power.

Delegation to consultants
 (3) The Commissioner may, in writing, delegate all or any of the Commissioner's functions or powers under this Act, other than:
 (a) Parts 2 to 9 of Chapter 6 (regulatory mechanisms); or
 (b) a provision referred to in section 556 (reviewable decisions of the Commissioner);
to a consultant engaged under section 371.
 (4) Before delegating a function or power under subsection (3) to a person, the Commissioner must have regard to whether the person has appropriate qualifications or expertise to perform the function or exercise the power.