Document ID: chunk:federal_register_of_legislation:C2004A04041:section:1990:p205
Version: federal_register_of_legislation:C2004A04041
Segment Type: section
Provision Reference: s 1990 (pt 205/212)
Character Range: 532286–535106

jurisdiction in a prosecution; or

SCHEDULE 7—continued

     (b) a judgment is awarded against a person in a proceeding in a court of this jurisdiction;

begun as a result of an investigation under Division 1 or a corresponding law of another jurisdiction, the Commission may make one of the following orders:".

After subsection 91 (1):

  Insert:

"(1a) The Commission may not make an order under subsection (1) in respect of expenses or costs that have already been paid, or recovered by the Commission, pursuant to an order made under a provision of a law of another jurisdiction that corresponds to that subsection.".

Subsection 91 (4):

Insert "or a corresponding law of another jurisdiction" after "section".

Subsection 93 (2):

Omit "a State or Territory", substitute "of this or any other jurisdiction".

Subsection 95 (1):

  Omit the subsection, substitute:

"(1) For the purpose of performing its functions and exercising its powers under national scheme laws, the Commission must establish a regional office in each jurisdiction, and may establish such other offices as it thinks fit.".

Section 96:

  Repeal the section, substitute:

Regional Commissioners

"96. (1) There is to be a different Regional Commissioner, employed by the Commission under subsection 120 (3), for each jurisdiction.

"(2) A Regional Commissioner for a jurisdiction is to manage the regional office established under section 95 in that jurisdiction.".

Paragraph 102 (4) (a):

  Add at the end "and".

Paragraph 102 (4) (b):

  Omit "; and".

SCHEDULE 7—continued

Paragraph 102 (4) (c):

  Omit the paragraph.

Subsection 102 (6):

     (a) Omit "an Act (including this Act)", substitute "a law (including this Law)".

     (b) Omit "that Act and this Act", substitute "that law and this Law".

After section 119:

  Insert the following Division in Part 5:

"Division 3—Delegation by members

Delegation by members

"119a. (1) A member may, in writing, delegate to a person all or any of his or her functions and powers.

"(2) A member must not, without the Minister's approval, delegate a function or power to a person other than:

  (a) a staff member; or

     (b) a person who, by virtue of the regulations, is a prescribed person in relation to the delegation.

"(3) In the performance of a function, or the exercise of a power, delegated under this section, the delegate is subject to the member's directions.".

After section 122:

  Insert in Part 6:

Transfer of staff to Australian Public Service

"122a. Section 81b of the Public Service Act 1922 has effect in relation to any person who, immediately before the commencement of this Part:

  (a) was employed by the NCSC; and

     (b) was an unattached officer for the purposes of the Public Service Act 1922;

as if the person had ceased to be an officer of