CGO may call in designated function
25 CGO may call in designated function
CGO may, on application or on its own initiative, by notice in the
Gazette, call in a designated function for CGO to perform in accordance with this section.
Before acting under subsection (1),
CGO must consult with the entity that has been acting in relation to the designated function (the original entity) on the proposed notice.
A notice under subsection (1) must—
identify the declaration relating to the declared project to which the designated function relates; and
identify the designated function.
CGO must, as soon as is reasonably practicable after publishing a notice under subsection (1), give a copy of the notice to the original entity.
If
CGO acts under subsection (1)—
the original entity must, at the request of CGO, provide CGO with a report relating to the consideration of the designated function by the original entity within a period specified in the request; and
CGO, in determining whether to perform the designated function, may, as it thinks fit, do either or both of the following:
adopt any assessment, finding or determination that was made by the original entity in respect of the designated function;
continue any assessment and determination required for the performance of the designated function from the stage reached immediately before CGO published the notice under subsection (1).
If an original entity fails to comply with a request under subsection (5)(a),
CGO may provide a report on the matter to the Minister.
Subject to subsection (8), if CGO acts under subsections (1) and (5)—
in performing a designated function under a designated Act—
the function may be performed by CGO as if the function had been duly delegated to it by the original entity; and
CGO must consult with the original entity in relation to the performance of the function (but is not bound to comply with directions as to the performance of the function given by the original entity); and
any provisions of the designated Act governing, or incidental to, the performance of the function must be observed by CGO as if it were the entity in whom the function is primarily vested; and
without limiting paragraph (b),
CGO may perform any other function that is necessary or expedient for, or incidental to, the proper performance of the designated function identified in the notice under subsection (1);
and
any statutory provisions for appeal against or review of a designated function or a function under paragraph (c) apply in relation to the performance by CGO of the designated function or the function under paragraph (c);
and
in a case where the designated function is the making of a recommendation or giving of advice to a Minister under a designated
Act and CGO makes the recommendation or gives the advice (in accordance with this section) to the relevant Minister, that
Minister may make the decision to which the recommendation or advice relates without regard to any matter relevant to the making of the recommendation or giving of advice (and any requirements of the designated Act in relation to the making of the recommendation or giving of advice are taken to have been satisfied for the purposes of the relevant Minister's decision).
A notice under subsection (1) may modify or exclude the application of a designated Act (or a provision of a designated Act) to the extent that CGO considers necessary for the purposes of performing the designated function to which the notice relates, having regard to the principle set out in section 4.
If
CGO is the proponent of a declared project—
CGO cannot call in a designated function in respect of the project by notice under subsection (1);
and
the
Minister may call the designated function in by notice under subsection (1) instead.
If the Minister calls a designated function in by notice under subsection (1) in accordance with subsection (9)(b), for the purposes of the performance of the designated function to which the notice relates in accordance with this section, a reference to CGO in this section will be taken to be a reference to the Minister.
This Act’s bill:Second reading speech
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