Commonwealth Consolidated Acts Commonwealth Consolidated ActsGeneral rule
(1) The President may, in writing, delegate the President's functions or powers under this Act, another Act or an instrument made under an Act to:
(a) a member; or
(b) the Principal Registrar; or
(c) a registrar; or
(d) a staff member.
Exception--functions and powers that must not be delegated
(2) Despite subsection (1), the President must not delegate:
(a) a function or power the President has because the President is:
(i) a member of the Tribunal as constituted for the purposes of a proceeding; or
(ii) a Council member; or
(iii) authorised under section 281 to perform or exercise the function or power; or
(b) a function or power under a provision listed in the following table.
Functions and powers the President must not delegate | ||
Item | Column 1 Provision | Column 2 Summary of topic of provision |
1 | section 14 | decision - maker |
2 | Division 3 of Part 4 | |
3 | subsection 109(2) | |
4 | Division 5 of Part 7 | referring questions of law |
5 | section 196 | |
6 | section 197 | |
7 | section 199 | assignment of members to jurisdictional areas |
8 | section 200 | |
9 | section 201 | |
10 | section 202 | |
11 | subsection 203(3) | |
12 | section 222 | President must notify Minister about grounds for termination |
13 | Subdivision B of Division 4 of Part 8 | appointment and functions of Principal Registrar |
Delegates must comply with directions
(3) In performing or exercising a function or power delegated under this section, the delegate must comply with any written directions of the President.