Document ID: chunk:federal_register_of_legislation:C2025C00152:section:37
Version: federal_register_of_legislation:C2025C00152
Segment Type: section
Provision Reference: s 37
Character Range: 72926–75413

37  AEC staff may act as Divisional Returning Officers or Assistant Divisional Returning Officers
 (1) The Electoral Commissioner may, in writing, authorise one or more persons who are members of the staff of the Electoral Commission to exercise or perform:
 (a) in relation to one or more specified Divisions, powers, functions or duties that are conferred on a Divisional Returning Officer for those Divisions; or
 (b) in relation to one or more specified Subdivisions, powers, functions or duties that are conferred on an Assistant Divisional Returning Officer for those Subdivisions.
 (2) An authorisation:
 (a) may be made subject to conditions or limitations specified in the authorisation; and
 (b) does not limit the power of a Divisional Returning Officer or Assistant Divisional Returning Officer (as the case requires) to act in any matter.

Effect of authorisation relating to DROs
 (3) If an authorisation is given in relation to the powers, functions or duties of a Divisional Returning Officer for a specified Division:
 (a) the person authorised in relation to the Division may exercise or perform any power, function or duty of a Divisional Returning Officer for the Division, subject to:
 (i) any condition or limitation under paragraph (2)(a); and
 (ii) any direction of a Divisional Returning Officer for the Division; and
 (b) a reference to a Divisional Returning Officer or DRO in this Act is taken to include a reference to the person.

Effect of authorisation relating to Assistant Divisional Returning Officers
 (4) If an authorisation is given in relation to the powers, functions or duties of an Assistant Divisional Returning Officer for a specified Subdivision:
 (a) the person authorised in relation to the Subdivision may exercise or perform any power, function or duty of an Assistant Divisional Returning Officer for the Subdivision, subject to:
 (i) any condition or limitation under paragraph (2)(a); and
 (ii) any direction of an Assistant Divisional Returning Officer for the Subdivision, or of a Divisional Returning Officer for the Division in which the Subdivision is situated; and
 (b) a reference to an Assistant Divisional Returning Officer in this Act is taken to include a reference to the person.
Note: As a result of subsection 34(3), the person authorised may also exercise or perform, in relation to the Subdivision, any power, function or duty of the Divisional Returning Officer for the Division in which the Subdivision is situated.