454Delegation by infringement officer—Commissioner functions

454  Delegation by infringement officer—Commissioner functions

 (1) An infringement officer under section 449 may, in writing, delegate the infringement officer’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in section 448 of this Act that relate to a function of the Commissioner or the Complaints Commissioner to a member of the staff of the Commission who is:

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

 (b) an APS employee who holds, or is acting in, an Executive Level 2, or equivalent, position.

 (2) However, an infringement officer under section 449 must not delegate a function or power to a person under paragraph (1)(b) of this section unless the infringement officer is satisfied that the person has suitable training or experience to properly perform the function or exercise the power.

 (3) A person exercising powers or performing functions under a delegation under subsection (1) must comply with any written directions of the infringement officer.