Document ID: chunk:federal_register_of_legislation:C2006C00163:clause:2_28a
Version: federal_register_of_legislation:C2006C00163
Segment Type: clause
Provision Reference: sch 2 cl 28A
Character Range: 101992–103635

28A  Delegation by Board

 (1) The Board may, by signed instrument, delegate to:
 (a) a member of the Board; or
 (b) the Commissioner; or
 (c) a member of the staff assisting the Commissioner in the performance of his or her functions under this Act; or
 (d) an APS employee in the Department; or
 (e) an officer or employee of a person who is responsible for investing money forming part of a superannuation fund vested in or managed by the Board; or
 (f) any other person who performs duties in connection with the operation of this Act; or
 (g) a committee consisting of 2 or more persons each of whom is a person referred to in any of the above paragraphs;
all or any of its powers under this Act or the regulations.

 (2) If the Board delegates a power under subsection (1), the delegate may, by writing, sub‑delegate the power:
 (a) if the delegate is a member of the Board—to:
 (i) another member of the Board; or
 (ii) a person referred to in paragraph (1)(b), (c), (d), (e) or (f); or
 (b) if the delegate is the Commissioner—to a person referred to in paragraph (1)(c), (d), (e) or (f); or
 (c) if the delegate is a person referred to in paragraph (1)(c), (d), (e) or (f)—to:
 (i) another person referred to in the same paragraph; or
 (ii) a person referred to in another of those paragraphs.

 (3) Section 34AA and paragraphs 34AB(a), (b) and (d) of the Acts Interpretation Act 1901 apply in relation to a sub‑delegation in a corresponding way to the way in which they apply to a delegation.

 (4) Section 34A and paragraphs 34AB(c) and (d) of the Acts Interpretation Act 1901 apply to a sub‑delegation as if it were a delegation.