Document ID: chunk:federal_register_of_legislation:C2025C00107:body:0:p44
Version: federal_register_of_legislation:C2025C00107
Segment Type: other
Provision Reference: 
Character Range: 113162–115958

functions and powers to:
 (a) a *Board member; or
 (b) a *committee; or
 (c) an APS employee whose services are made available to the Board under section 60‑80; or
 (d) to a person engaged by the Board.

Functions and powers that must not be delegated
 (1A) The Board may not delegate:
 (a) its function of issuing guidelines; or
 (b) its power to establish a committee under section 60‑85.

Powers to make reviewable decisions
 (2) A power to make a reviewable decision (other than a decision covered by subsection (2A)):
 (a) must not be delegated under paragraph (1)(a), (c) or (d); and
 (b) may be delegated to a *committee under paragraph (1)(b) only if:
 (i) the committee has 3 members or more; and
 (ii) all members of the committee are *Board members.
Note: For reviewable decision, see subsection (5).
 (2A) This subsection covers the following reviewable decisions:
 (a) a decision to terminate the registration of an individual under subsection 40‑5(2);
 (b) a decision to terminate the registration of a partnership under subsection 40‑10(2);
 (c) a decision to terminate the registration of a company under subsection 40‑15(2).

Other matters
 (3) A delegate is, in the exercise of a delegated function or power, subject to the directions of the Board.
 (4) A delegation under this section:
 (a) may be revoked by the Board (whether or not constituted by the *Board members who constituted the Board when the power was delegated); and
 (b) continues in force even if the membership of the Board changes.

Definitions
 (5) In this section:
reviewable decision means a decision in respect of which an application for review may be made to the Administrative Review Tribunal under section 70‑10.

Subdivision 70‑E—Miscellaneous

Table of sections
70‑35 Official information not to be disclosed
70‑40 Exceptions to the prohibition on disclosure of official information
70‑45 On‑disclosure of official information
70‑50 Legal professional privilege
70‑55 Regulations

70‑35  Official information not to be disclosed

Offence—recording or disclosing official information
 (1) A person commits an offence if:
 (a) the person:
 (i) is or has been a *Board member or a member of a *committee; or
 (ii) is or has been an APS employee whose services were made available to the Board by the Commissioner; or
 (iii) is or has been a person appointed or employed by, or a provider of services for, the Commonwealth; and
 (b) the person:
 (i) makes a record of information; or
 (ii) discloses information to another person (other than the person to whom the information relates or that person's *agent in relation to the information) or to a court or tribunal; and
 (c) the information is *official information; and
 (d) the information was acquired by the first‑mentioned person in the course of,