Document ID: chunk:federal_register_of_legislation:C2016A00079:clause:1_343b
Version: federal_register_of_legislation:C2016A00079
Segment Type: clause
Provision Reference: sch 1 cl 343B
Character Range: 27636–29022

343B  Delegation by Commissioner
 (1) The Commissioner may, in writing, delegate to a member of the staff assisting the Commissioner all or any of the Commissioner's functions or powers under this Act.
 (2) Despite subsection (1), the Commissioner's functions or powers under the following provisions cannot be delegated:
 (a) subsection 28(1A);
 (b) subsection 95(3A), (3B) or (3C);
 (c) subsection 183(4);
 (d) section 197;
 (e) any provision of Part 3 or 4 of Chapter 7 (other than section 202);
 (f) any provision of Division 1, 2, 3 or 4 of Part 3 of Chapter 8;
 (g) subsection 278(2);
 (h) section 310;
 (j) section 334;
 (k) section 335 or 335A;
 (ka) subsection 335C(2);
 (m) subsection 336(1), (2), (3) or (5).
 (3) Despite subsection (1), the Commissioner's functions or powers under section 330, 331, 332 or 333 can only be delegated to:
 (a) a member of the staff assisting the Commissioner; or
 (b) any other person or body the Commissioner is satisfied has substantial or significant experience or knowledge in at least one of the following fields:
 (i) accounting;
 (ii) auditing;
 (iii) financial reporting;
 (iv) conducting compliance audits or investigations;
 (v) a field prescribed by the regulations for the purposes of this subparagraph.
 (5) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Commissioner.