Document ID: chunk:federal_register_of_legislation:C2025C00049:section:276
Version: federal_register_of_legislation:C2025C00049
Segment Type: section
Provision Reference: s 276
Character Range: 334385–336210

276  Delegation by the Commissioner

General delegations
 (1) The Commissioner may delegate all or any of the Commissioner's functions, powers or duties to:
 (a) a Deputy Commissioner; or
 (b) a staff member of the NACC:
 (i) who is an SES employee or acting SES employee; or
 (ii) who holds, or is acting in, an Executive Level 2, or equivalent, position.

Appointment of CEO and decision to take no action
 (2) Despite subsection (1), the Commissioner:
 (a) must not delegate the Commissioner's duty under subsection 254(3) (appointment of CEO); and
 (b) may delegate the Commissioner's power under subsection 41(6) (decision to take no action in relation to a corruption issue) to any staff member of the NACC.

Limits on general delegations
 (3) Paragraph (1)(b) does not apply:
 (a) to a function, power or duty under:
 (i) Subdivisions A to D of Division 3 (hearings) of Part 7; or
 (ii) Division 7 (search powers) of Part 7; or
 (iii) Part 8 (reporting on corruption investigations); or
 (iv) Part 9 (public inquiries), other than the provisions of Part 7 as applied by section 163 (and not covered by subparagraph (i) or (ii)); or
 (v) section 230 (disclosure by authorised discloser in public interest); or
 (vi) this section; or
 (b) in relation to making an arrangement mentioned in subsection 239(1) (arrangements for dealing with intelligence information).
 (4) To avoid doubt, the reference in subparagraphs (3)(a)(i) and (ii) to Part 7 includes a reference to that Part as applied by section 163.

Form of delegation
 (5) A delegation under this section must be in writing and signed by the Commissioner.

Complying with directions
 (6) In performing or exercising a function, power or duty delegated under subsection (1) or paragraph (2)(b), the delegate must comply with any directions of the Commissioner.