First Home Owner Grant Act 2000

The Commissioner may, by instrument, delegate the performance of any of the Commissioner’s functions under this Act except —

this power of delegation; or

the power to authorise an authorised investigator under section 42(3), 43(1)(a) or 45(2).

A delegation under subsection (1) may be made —

to a person employed or engaged in the administration or enforcement of this Act or another Act administered by the Commissioner or under which the Commissioner exercises statutory functions; or

to an authority or person referred to in section 39(2); or

in accordance with an agreement entered into by the Commissioner under section 37.

A delegate cannot subdelegate the performance of any function unless the delegate is expressly authorised by the instrument of delegation to do so.

A function performed by a delegate of the Commissioner is taken to be performed by the Commissioner.

A delegate performing a function under this section is taken to do so in accordance with the terms of the delegation unless the contrary is shown.

Nothing in this section or section 37 limits the ability of the Commissioner to act through the Commissioner’s officers and agents in the normal course of business.