Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Commissioner may, in writing, delegate the Commissioner's powers and functions under Division 8 of Part 3A of Chapter 4 (compliance and enforcement) to APS employees in the Commission in accordance with the following table:
Delegation of regulatory powers | ||
Item | The Commissioner may delegate the following powers and functions ... | to the following APS employees in the Commission ... |
1 | any of the powers and functions under that Division, including: (a) powers under the Regulatory Powers Act in relation to the provisions of this Act; and (b) powers and functions under the Regulatory Powers Act that are incidental to a power mentioned in paragraph (a) | an SES employee, or an acting SES employee, in the Commission |
2 | a power or function under subsection 73ZL(2) or (3) (infringement notices), including: (a) powers under Part 5 of the Regulatory Powers Act in relation to the provisions of this Act; and (b) powers and functions under the Regulatory Powers Act that are incidental to a power mentioned in paragraph (a) | an APS employee in the Commission who holds, or performs the duties of, an Executive Level 2, or equivalent, position |
3 | a power or function under section 73ZM (compliance notices) | an APS employee in the Commission who holds, or performs the duties of, an Executive Level 1 or 2, or equivalent, position |
Note 1: The expressions SES employee , acting SES employee and APS employee are defined in section 2B of the Acts Interpretation Act 1901 .
Note 2: See also sections 34AA and 34AB of the Acts Interpretation Act 1901 .
(2) Before delegating a power or function under subsection (1) to an APS employee covered by item 2 or 3 of the table in that subsection, the Commissioner must have regard to:
(a) if the power or function is delegated to an APS employee holding, occupying, or performing the duties of, a specified office or position--whether the office or position is sufficiently senior for the employee to exercise the power or perform the function; or
(b) otherwise--whether the employee has appropriate qualifications or expertise to exercise the power or perform the function.
(3) A person exercising powers or performing functions under a delegation under subsection (1) must comply with any directions of the Commissioner.