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COMMONWEALTHAct
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s 27AB

Delegation of powers and functions

In force
Part 3ADelegation of Commission’s powers and functions

27AB Delegation of powers and functions

(1)

Subject to this section, the Commission may delegate, to an APS employee in the Department, the Commission’s powers or functions under any one or more of the following provisions:

(a)

section 7, 8, 16, 20, 27 or 27AA;

(b)

subsection 10(2), 12(1), 14(3), 17(1) or (2), 18(1), (2) or (3) or 22(1).

(2)

The delegation must be in writing and may only be made with the written agreement of the Secretary.

(3)

The regulations may provide that the Commission may only delegate a power or a function in specified circumstances.

(4)

If a delegate conducts the review of a determination under subsection 10(2), sections 24, 25 and 26 apply to the delegate in relation to the review in the same way as those sections would have applied to the Commission if the Commission had conducted the review.

(5)

If a delegate conducting the review of a determination under subsection 10(2) requests the Commission to conduct the review, the Commission, instead of the delegate, must conduct the review.

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