40CDelegation and subdelegation by CEO

40C Delegation and subdelegation by CEO

(1) The CEO may, in writing, delegate any of the CEO’s powers or functions under this Act to a person mentioned in section 39 or 39A who: (a) is an SES employee, or acting SES employee; or (b) holds, or is acting in, an Executive Level 2 position; or (c) occupies an office or holds a position equivalent to that of an SES employee or an Executive Level 2 position. (2) If Infrastructure Australia or the Commissioners delegate a power or function under subsection 40A(1) or 40B(1) to the CEO, the CEO may, in writing, subdelegate the power or function to a person mentioned in paragraph (1)(a), (b) or (c) of this section. (3) In exercising any powers or performing any functions under the delegation or subdelegation, the delegate or subdelegate must comply with any directions of the CEO. (4) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 apply in relation to a subdelegation in a corresponding way to the way in which they apply in relation to a delegation.