Document ID: chunk:federal_register_of_legislation:F2023N00162:clause:1_6
Version: federal_register_of_legislation:F2023N00162
Segment Type: clause
Provision Reference: sch 1 cl 6
Character Range: 3253–4478

6  Delegations relating to functions under the Franchising Code of Conduct

Delegation
 (1) Under subsection 19(1) of the Act, a person holding, occupying or performing the duties of each SES employee in the Treasury, whose services are being made available to assist the Ombudsman under section 33 of the Act, is delegated the Ombudsman's functions and powers under the Franchising Code of Conduct.
Note: Section 4 of the Competition and Consumer (Industry Codes—Franchising) Regulation 2014 sets out the Ombudsman's functions relating to the Franchising Code of Conduct, which includes the appointing of persons who can provide services of arbitration, conciliation or mediation of disputes under subclauses 29(4) and 40A(5) and 43B(4) of the Franchising Code of Conduct.

Directions
 (2) Under subsection 19(2) of the Act, a delegate under subsection (1) is directed to exercise the function or power in a manner consistent with all of the following:
 (a) the delegate may only exercise the function or power if the delegate is satisfied that the delegate is the appropriate decision-maker having regard to the details of the matter, including both the urgency of the matter and the sensitivities relating to the matter.