276Delegation by the Commissioner

276 Delegation by the Commissioner

General delegations (1) The Commissioner may delegate all or any of the Commissioner’s functions, powers or duties to: (a) a Deputy Commissioner; or (b) a staff member of the NACC: (i) who is an SES employee or acting SES employee; or (ii) who holds, or is acting in, an Executive Level 2, or equivalent, position. Appointment of CEO and decision to take no action (2) Despite subsection (1), the Commissioner: (a) must not delegate the Commissioner’s duty under subsection 254(3) (appointment of CEO); and (b) may delegate the Commissioner’s power under subsection 41(6) (decision to take no action in relation to a corruption issue) to any staff member of the NACC. Limits on general delegations (3) Paragraph (1)(b) does not apply: (a) to a function, power or duty under: (i) Subdivisions A to D of Division 3 (hearings) of Part 7; or (ii) Division 7 (search powers) of Part 7; or (iii) Part 8 (reporting on corruption investigations); or (iv) Part 9 (public inquiries), other than the provisions of Part 7 as applied by section 163 (and not covered by subparagraph (i) or (ii)); or (v) section 230 (disclosure by authorised discloser in public interest); or (vi) this section; or (b) in relation to making an arrangement mentioned in subsection 239(1) (arrangements for dealing with intelligence information). (4) To avoid doubt, the reference in subparagraphs (3)(a)(i) and (ii) to Part 7 includes a reference to that Part as applied by section 163. Form of delegation (5) A delegation under this section must be in writing and signed by the Commissioner. Complying with directions (6) In performing or exercising a function, power or duty delegated under subsection (1) or paragraph (2)(b), the delegate must comply with any directions of the Commissioner.