40Delegation by the Authority

40 Delegation by the Authority

(1) The Authority may, by writing, delegate any or all of its functions and powers to: (a) the CEO; or (b) an Authority member or associate Authority member; or (c) a person who is: (i) a member of the staff of the Authority; and (ii) an SES employee or acting SES employee; or (d) a person who is: (i) a member of the staff of the Authority; and (ii) an APS employee who holds or performs the duties of an Executive Level 2 position or an equivalent position; or (e) a person who is: (i) an SES employee, or acting SES employee, in the Climate Change Department; and (ii) a person assisting the Authority under section 53; or (f) a person who: (i) is an APS employee in the Climate Change Department; and (ii) is a person assisting the Authority under section 53; and (iii) holds or performs the duties of an Executive Level 2 position or an equivalent position.

Note: The expressions APS employee, SES employee and acting SES employee are defined in the Acts Interpretation Act 1901.

(2) A delegate must comply with any written directions of the Authority. (3) The Authority must not delegate a function or power to an associate Authority member unless the function or power relates to a matter connected with: (a) the review specified in the associate Authority member’s instrument of appointment; or (b) assisting the Climate Change Minister to prepare the Commonwealth Government’s response to recommendations set out in a report of the review specified in the associate Authority member’s instrument of appointment.