NSWIn ForceAct
Food Act 2003
109EDelegation
Start here
Get a plain-English read of 109E
Turn the raw legal text into a practical explanation grounded in Food Act 2003.
#### 109E Delegation
109E Delegation
> > (1) The Food Authority may delegate to—
> >
> > > (a) a member of staff of the Food Authority (whether by name or by reference to the holder of an office), or
> >
> > > (b) an authorised officer, or
> >
> > > (c) a private subsidiary corporation, or
> >
> > > (d) the holder of an office prescribed by the regulations, or
> >
> > > (e) an enforcement agency or a person holding a position prescribed by the regulations as the head of an enforcement agency,
> >
> > any function of the Food Authority under this Act that is not specified in subsection (2).
>
> > (2) The following functions of the Food Authority cannot be delegated—
> >
> > > (a) the power of delegation conferred by this section,
> >
> > > (b) any function under Part 3 (Emergency powers),
> >
> > > (c) any function under section 111B (Conditions and limitations on exercise of functions by enforcement agencies).
>
> > (3) A delegate may sub-delegate to a person referred to in subsection (1) any function delegated by the Food Authority if the delegate is authorised in writing to do so by the Food Authority.
>
> > (4) A function must not be delegated under this section to an enforcement agency without the consent in writing of the enforcement agency.
>
> **s 109E:** Ins 2004 No 16, Sch 1 \[21\]. Am 2007 No 47, Sch 1 \[7\]–\[9\].