Document ID: chunk:federal_register_of_legislation:C2024A00121:section:159
Version: federal_register_of_legislation:C2024A00121
Segment Type: section
Provision Reference: s 159
Character Range: 186092–188106

159  Delegation by Chair
 (1) The Chair may, in writing, delegate all or any of the Chair's functions or powers:
 (a) under this Act; or
 (b) under Parts 4, 5, 6 or 7 of the Regulatory Powers Act in relation to the provisions of this Act;
to:
 (c) a member of the Regulator; or
 (d) a person who is:
 (i) a member of the staff of the Regulator; and
 (ii) an SES employee or acting SES employee; or
 (e) a person who is:
 (i) a member of the staff of the Regulator; and
 (ii) an APS employee who holds or performs the duties of an Executive Level 2 position or an equivalent position; or
 (f) a person who is:
 (i) a person assisting the Regulator under section 37 of the Clean Energy Regulator Act 2011; and
 (ii) an SES employee or acting SES employee in a Department mentioned in subsection (2) of this section; or
 (g) a person who is:
 (i) a person assisting the Regulator under section 37 of the Clean Energy Regulator Act 2011; and
 (ii) an APS employee who holds or performs the duties of an Executive Level 2 position, or an equivalent position, in a Department mentioned in subsection (2) of this section.
Note 1: The expressions SES employee and acting SES employee are defined in the Acts Interpretation Act 1901.
Note 2: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.
 (2) For the purposes of subparagraphs (1)(f)(ii) and (g)(ii), the Departments are:
 (a) the Department administered by the Minister administering the Clean Energy Regulator Act 2011; and
 (b) the Department administered by the Minister administering the Nature Repair Act 2023.
 (3) Despite subsection (1), the Chair may not delegate a function or power under section 138 (Regulator may obtain information or documents) to a person mentioned in paragraph (1)(e), (f) or (g) of this section.
 (4) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Chair.

Division 5—Other matters

Subdivision A—Rules