(1) Subject to subsections (2) and (3), the Regulator may, in writing, delegate all or any of the Regulator's functions or powers under this Act to:
(a) an SES employee, or acting SES employee, in the Department; or
(b) a person who holds, or is acting in, an Executive Level 2, or equivalent, position in the Department.
Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.
(1A) Without limiting subsection (1), the Regulator may, in writing, delegate the Regulator's functions or powers under section 13A or 13B to a person who holds, or is acting in, an Executive Level 1, or equivalent, position in the Department.
Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.
(2) The Regulator must not delegate the Regulator's functions or powers under section 35 (appointment of authorised officers) or section 36 (appointment of infringement officers).
(3) The Regulator must not delegate a power to make a legislative instrument or a notifiable instrument.
(4) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Regulator.