7Delegation

7 Delegation

(1) The Minister may delegate, in writing, his or her functions and powers under this Ordinance (other than section 98) to: (a) a member of a fire fighting authority; or (aa) the Secretary of the Infrastructure Department; or (b) an SES employee of the Infrastructure Department; or (c) an employee of the Infrastructure Department.

Note 1: The Commissioner of the NSW Rural Fire Service is a member of a fire fighting authority, and is covered by paragraph (a).

Note 2: A provision of this Ordinance may make a delegation unnecessary, for example subsection 32(1).

(2) If the Minister delegates a power or function to the Commissioner of the NSW Rural Fire Service under paragraph (1)(a), the Commissioner may sub‑delegate, in writing, the power or function to a member of a fire fighting authority. (3) If the Minister delegates a power or function to an SES employee of the Infrastructure Department under paragraph (1)(b), the SES employee may sub‑delegate, in writing, the power or function to a member of a fire fighting authority. (4) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 apply to a sub‑delegation by the Commissioner of the NSW Rural Fire Service or an SES employee in a corresponding way to the way in which they apply to a delegation.