Fines Enforcement and Debt Recovery Act 2017
Part 2Chief Recovery Officer
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Part 2—Chief Recovery Officer 4—Chief Recovery Officer (1) The office of Fines Enforcement and Recovery Officer continues as the office of the Chief Recovery Officer. (2) The Chief Recovery Officer will be a person employed in the Public Service of the State. (3) The Chief Recovery Officer may, in addition to carrying out functions and exercising powers under this Act, carry out any other functions, or exercise any other powers, assigned to the Chief Recovery Officer by or under any other Act or law or by the Minister. (4) If the Chief Recovery Officer carries out functions under an Act on behalf of a public sector agency, Local Government agency or other person or body, the Chief Recovery Officer may charge the agency, person or body a fee of such amount as may be agreed between the Chief Recovery Officer and the agency, person or body. 5—Delegation (1) The Chief Recovery Officer may, by instrument in writing, delegate a power or function under this Act or any other Act— (a) to a particular person or committee; or (b) to the person for the time being performing particular duties or holding or acting in a particular position. (2) A power or function delegated under this section may, if the instrument of delegation so provides, be further delegated. (3) The person to whom a power or function is delegated under this section may be a body corporate. (4) A delegation— (a) may be absolute or conditional; and (b) does not derogate from the power of the delegator to act personally in a matter; and (c) is revocable at will. 6—Certain determinations may be made by automated process (1) The Chief Recovery Officer may determine that a class of determinations required to be made by the Chief Recovery Officer under this Act is of such a nature that they could appropriately be made by means of an automated process in accordance with this section. (2) If the Chief Recovery Officer makes a determination under subsection (1), the Chief Recovery Officer must— (a) determine the policies to be applied for the purpose of making the relevant class of determinations by means of an automated process; and (b) approve the automated process to be used. (3) For the purpose of any proceedings— (a) a certificate apparently signed by the Chief Recovery Officer and certifying as to any determination or approval given by the Chief Recovery Officer under this section is conclusive proof of the matters so certified; and (b) a determination made by an automated process in accordance with this section will be taken to be a determination of the Chief Recovery Officer under this Act. 7—Annual report (1) The Chief Executive of the administrative unit of the Public Service that is, under a Minister, responsible for the administration of this Act must, not later than 30 September in each year, submit to the Minister a report on the work of the Chief Recovery Officer for the financial year ending on the preceding 30 June. (2) The report must include information prescribed by the regulations or required by the Minister. (3) The Minister must, as soon as practicable after receipt of a report submitted under this section, cause a copy of the report to be laid before each House of Parliament.