Exercise of certain director-general functions by head of Access Canberra
21 Exercise of certain director-general functions by head of Access Canberra
The responsible Minister may declare that a function given to a director-general under a territory law dealing with a relevant matter may be exercised by the head of Access Canberra (a declared function).
Function includes authority, duty and power (see Legislation Act, dict, pt 1).
A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
A declaration is a notifiable instrument.
The head of Access Canberra may exercise a declared function.
The head of Access Canberra may delegate a declared function to a public servant or another person.
For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
However, the head of Access Canberra may only delegate a declared function to the extent permitted by other territory laws.
Example—extent permitted
A declaration is made in relation to a function given to the director-general under the XYZ Act. That Act states that the director-general may only delegate the function to an employee. The head of Access Canberra may also only delegate the function to an employee.
Nothing in this section limits the exercise of a declared function by the director-general given the function.
Anything done in the exercise of a declared function is not invalid only because of a defect or irregularity in, or in relation to, a declaration.
In this section:
Access Canberra means the business unit known as Access Canberra.
head, of Access Canberra, means the person occupying the position (however described) of head of Access Canberra.
relevant matter means a matter mentioned in an administrative arrangement—
responsibility for which is allocated to the responsible Minister; and
relating to Access Canberra.
responsible Minister means the Minister responsible for Access Canberra.
This Act’s bill:Explanatory statement
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.