425Delegation by relevant chief executive—Commissioner or Complaints Commissioner functions

425  Delegation by relevant chief executive—Commissioner or Complaints Commissioner functions

 (1) The relevant chief executive under section 414 may, in writing:

 (a) delegate the powers and functions mentioned in subsection (3) of this section to a member of the staff of the Commission who is:

 (i) an SES employee or acting SES employee; or

 (ii) an APS employee who holds, or is acting in, an Executive Level 2, or equivalent, position; and

 (b) delegate the powers and functions mentioned in subsection (4) of this section to a member of the staff of the Commission.

 (2) However, the relevant chief executive under section 414 must not delegate a function or power to a person under subparagraph (1)(a)(ii) or paragraph (1)(b) of this section unless the relevant chief executive under section 414 is satisfied that the person has suitable training or experience to properly perform the function or exercise the power.

 (3) For the purposes of paragraph (1)(a), the powers and functions that may be delegated are:

 (a) powers and functions under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in section 412 of this Act that relates to a function of the Commissioner or Complaints Commissioner (including a function which has been delegated to the Complaints Commissioner under section 575); and

 (b) powers and functions under the Regulatory Powers Act that are incidental to a power or function mentioned in paragraph (a).

 (4) For the purposes of paragraph (1)(b), the powers and functions that may be delegated are:

 (a) the power under section 76 of the Regulatory Powers Act (to issue an identity card to an authorised person) that relates to a function of the Commissioner or Complaints Commissioner (including a function which has been delegated to the Complaints Commissioner under section 575); and

 (b) powers and functions under the Regulatory Powers Act that are incidental to a power or function mentioned in paragraph (a).

 (5) A person exercising powers or performing functions under a delegation under subsection (1) must comply with any written directions of the relevant chief executive under section 414.