58ECDelegation of the SPF general regulator’s functions and powers

58EC Delegation of the SPF general regulator’s functions and powers

(1) The Commission may, by resolution, delegate any of:

(a) the Commission’s functions and powers (as the SPF general regulator) under an SPF provision; or

(b) the Commission’s powers under section 155 as described in paragraph 58EB(2)(b);

to a person to whom subsection (3) applies.

(2) A member of the Commission may, by writing, delegate any of the member’s powers under section 155 to the extent that section 155 relates to:

(a) the SPF provisions, other than the provisions of SPF codes; or

(b) a designated scams prevention framework matter (within the meaning of that section) of a kind not mentioned in subparagraph 58ED(3)(c)(ii);

to a person to whom any of paragraphs (3)(b) to (e) applies.

(3) This subsection applies to the following persons:

(a) a member of the Commission;

(b) person who is an employee of the Commission who:

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

(ii) holds or performs the duties of an Executive Level 1 or 2 position;

and who the Commission is satisfied has appropriate qualifications, training, skills or experience to perform the functions or exercise the powers;

(c) an SPF sector regulator;

(d) a member (if any) of an SPF sector regulator;

(e) an employee of an SPF sector regulator who holds or performs the duties of a position that is equivalent to a position mentioned in subparagraph (b)(i) or (ii).

(4) A delegation of functions or powers must not be made under subsection (1) or (2) to a person to whom paragraph (3)(c), (d) or (e) applies unless the relevant SPF sector regulator:

(a) has agreed to the delegation in writing; and

(b) in the case of a person to whom paragraph (3)(e) applies—is satisfied that the person has appropriate qualifications, training, skills or experience to perform the functions or exercise the powers.

(5) In performing any functions or exercising any powers under a delegation under subsection (1) or (2), the delegate must comply with any directions of the delegator.