Commonwealth Consolidated Acts Commonwealth Consolidated ActsGeneral delegations
(1) The Commissioner may delegate all or any of the Commissioner's functions, powers or duties to:
(a) a Deputy Commissioner; or
(b) a staff member of the NACC:
(i) who is an SES employee or acting SES employee; or
(ii) who holds, or is acting in, an Executive Level 2, or equivalent, position.
Appointment of CEO and decision to take no action
(2) Despite subsection (1), the Commissioner:
(a) must not delegate the Commissioner's duty under subsection 254(3) (appointment of CEO); and
(b) may delegate the Commissioner's power under subsection 41(6) (decision to take no action in relation to a corruption issue) to any staff member of the NACC.
Limits on general delegations
(3) Paragraph (1)(b) does not apply:
(a) to a function, power or duty under:
(i) Subdivisions A to D of Division 3 (hearings) of Part 7; or
(ii) Division 7 (search powers) of Part 7; or
(iii) Part 8 (reporting on corruption investigations); or
(iv) Part 9 (public inquiries), other than the provisions of Part 7 as applied by section 163 (and not covered by subparagraph (i) or (ii)); or
(v) section 230 (disclosure by authorised discloser in public interest); or
(vi) this section; or
(b) in relation to making an arrangement mentioned in subsection 239(1) (arrangements for dealing with intelligence information).
(4) To avoid doubt, the reference in subparagraphs (3)(a)(i) and (ii) to Part 7 includes a reference to that Part as applied by section 163.
Form of delegation
(5) A delegation under this section must be in writing and signed by the Commissioner.
Complying with directions
(6) In performing or exercising a function, power or duty delegated under subsection (1) or paragraph (2)(b), the delegate must comply with any directions of the Commissioner.