49Delegation by Authority

49 Delegation by Authority

(1) The Authority may, in writing, delegate to a member or staff member the Authority’s functions or powers under the following provisions: (a) subsections 16(1) and (3) (reports to be given to APRA or ASIC); (b) subsection 39(2) (protected information not to be included in reports). (2) The Authority may, in writing, delegate the Authority’s functions or powers under subsection 20(2) (cooperation with Authority) to: (a) a member; or (b) a staff member who is: (i) an SES employee; or (ii) an acting SES employee; or (iii) classified as Executive Level 2 or equivalent; or (iv) acting in a position usually occupied by an APS employee who is so classified.

Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.

(3) In performing a function, or exercising a power, delegated under subsection (1) or (2), the delegate must comply with any written directions of the Authority. (4) The delegation continues in force despite a change in the membership of the Authority. (5) The delegation may be varied or revoked by the Authority (whether or not there has been a change in the membership of the Authority).