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). (9) Despite subsection (3), if the Commissioner has made a declaration of inability to act in respect of a particular matter under section 29, the Commissioner, by instrument, may delegate to a sworn IBAC Officer who would be qualified to be appointed under section 20 to be the Commissioner, any duty, function or power of the Commissioner, including any duty, function or power delegated to the Commissioner under subsection (1), which the Commissioner considers is necessary to enable that sworn IBAC Officer to act in respect of that particular matter. (10) Despite subsection (3), if a sworn IBAC Officer to whom section 61(1) applies is conducting an investigation referred to in section 61, the Commissioner, by instrument, may delegate to that sworn IBAC Officer any duty, function or power of the Commissioner, including any duty, function or power delegated to the Commissioner under subsection (1), which the Commissioner considers is necessary to enable that sworn IBAC Officer to act in respect of that particular investigation. (11) A delegation under this section to a former judge of the Supreme Court or the County Court or a former Chief Magistrate does not affect any pension or other rights or privileges that the person has as a former judge or Chief Magistrate. (12) A delegation given under section 17 or 32 as in force before the commencement of sections 9 and 11 of the **Integrity and Accountability Legislation Amendment (A Stronger System) Act 2016** which if given after that commencement would not be valid, continues in force until— (a) the expiry of the period of 6 months after that commencement; or (b) it is revoked— whichever first occurs. (13) For the avoidance of doubt, a reference in this section to the Commissioner includes a reference to a person who is acting in the office of the Commissioner. See sections 42 and 42A of the **Interpretation of Legislation Act 1984**.