Document ID: chunk:federal_register_of_legislation:C2023C00358:section:40
Version: federal_register_of_legislation:C2023C00358
Segment Type: section
Provision Reference: s 40
Character Range: 21582–22741

40  Delegation by Federal Safety Commissioner
 (1) The Federal Safety Commissioner may, in writing, delegate all or any of his or her powers and functions under this Act to:
 (a) a Federal Safety Officer; or
 (b) an SES employee or acting SES employee; or
 (ba) an APS employee whose duties relate to the performance of the Federal Safety Commissioner's functions or the exercise of the Federal Safety Commissioner's powers; or
 (c) a person (whether or not an SES employee) prescribed by the rules for the purposes of this paragraph.
 (2) In exercising powers or performing functions under a delegation, the delegate must comply with any directions of the Federal Safety Commissioner.
 (3) As soon as practicable after delegating any power or function under this section, the Federal Safety Commissioner must publish details of the delegation.
 (4) The Federal Safety Commissioner may give a direction for the purposes of subsection (2).
 (5) A written direction under subsection (4) that is of general application is a legislative instrument.
 (6) A written direction under subsection (4) that relates to a particular case is not a legislative instrument.