Commonwealth Consolidated Acts

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GREAT BARRIER REEF MARINE PARK ACT 1975 - SECT 48

Delegation by CEO

  (1AA)   The CEO may, by signed writing, delegate a power or function of the CEO under this Act to a member of the staff of the Authority who:

  (a)   is an SES employee or an acting SES employee; or

  (b)   holds, or is acting in, an Executive Level 2, or equivalent, position.

  (1)   The CEO may, by signed writing, sub - delegate a power or function delegated to the CEO under this or any other Act to a member of the staff of the Authority. However, this subsection does not allow the CEO to sub - delegate a power or function that has been sub - delegated to the CEO.

  (2)   Despite subsection   (1), the CEO must not sub - delegate under that subsection a power or function under Part   VAA (Offences and penalties) or Part   VIII (Enforcement) of this Act or under Part   17 (Enforcement) of the Environment Protection and Biodiversity Conservation Act 1999 unless the member of staff:

  (a)   is an SES employee or an acting SES employee; or

  (b)   holds, or is acting in, an Executive Level 1 or 2, or equivalent, position.

  (3)   Sections   34AA, 34AB and 34A of the Acts Interpretation Act 1901 apply to a sub - delegation under subsection   (1) in the same way as they apply to a delegation.

  (3A)   In exercising powers or performing functions under a delegation, the delegate must comply with any directions of the CEO.

  (4)   In exercising powers or performing functions under a sub - delegation, the sub - delegate must comply with any directions of the CEO.

  (5)   If the CEO is subject to a direction in relation to the exercise of a power or the performance of a function sub - delegated under this section, the CEO must give a corresponding direction to the sub - delegate.



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