32Delegations

32 Delegations

(1) Subject to subsection (2), the IBAC, by instrument, may delegate to—

(a) the Commissioner;

(b) a Deputy Commissioner—

any duty, function or power of the IBAC under this Act or any other Act.

(2) The IBAC can only delegate any duty, function or power of the IBAC under section 117(1), 141, 153(1), 156(1), 162 or 165 to the Commissioner.

(3) Subject to subsections (4), (5) and (6), the Commissioner, by instrument, may delegate to—

(a) a Deputy Commissioner;

(b) the Chief Executive Officer;

(c) a senior IBAC officer;

(d) a person appointed under section 36—

any duty, function or power of the Commissioner, including any duty, function or power delegated to the Commissioner under subsection (1) but excluding those specified in subsection (2).

(4) The Commissioner can only delegate any duty, function or power of the Commissioner under section 115 to a Deputy Commissioner.

S. 32(5) amended by No. 22/2020 s. 7B.

(5) The Commissioner can only delegate any duty, function or power of the Commissioner under sections 42(1), 42(3), 42(4), 42(5), 42(7), 47(2), 50(2), 73, 74, 75, 79(2), 81, 84, 85, 91, 119, 127(2), 127(8), 139(1), 141A(1), 141B(1) and 141C(1) to—

(a) a Deputy Commissioner;

(b) the Chief Executive Officer.

(6) Despite subsection (5), the Commissioner, by instrument, may delegate to a Deputy Commissioner or the Chief Executive Officer the power of the Commissioner under section 85 on the condition that it is only to be exercised by the delegate if—

(a) the Commissioner is absent or unavailable; and

(b) the delegate reasonably believes that a delay in the exercise of the power would significantly limit the effectiveness of the powers conferred by Division 3 of Part 4.

(7) A Deputy Commissioner, by instrument, may delegate to—

(a) a senior IBAC Officer;

(b) a person appointed under section 36—

any duty, function or power of the Deputy Commissioner, including any duty, function or power delegated to the Deputy Commissioner under subsection (1) or (3) but excluding those specified in subsection (4) or (5).

(8) The Chief Executive Officer, by instrument, may delegate to—

(a) a senior IBAC Officer;

(b) a person appointed under section 36—

any duty, function or power of the Chief Executive Officer, including any duty, function or power delegated to the Chief Executive Officer under subsection (3) but excluding those specified in subsection (5).