Delegation of compliance and enforcement powers
202B Delegation of compliance and enforcement powers
The Commissioner may, in writing, delegate the Commissioner’s powers and functions under Part 3B 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 Part, 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 |
The expressions SES employee, acting SES employee and APS employee are defined in section 2B of the Acts Interpretation Act 1901.
See also sections 34AA and 34AB of the Acts Interpretation Act 1901.
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:
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
otherwise—whether the employee has appropriate qualifications or expertise to exercise the power or perform the function.
A person exercising powers or performing functions under a delegation under subsection (1) must comply with any directions of the Commissioner.
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