79Delegation by the Board

79  Delegation by the Board

 (1) The Board may, in writing, delegate the Board’s functions or powers under the following provisions to the CEO:

 (a) subsections 52(2) and (4) (arrangements for, and directions to, persons assisting the Authority);

 (b) subsection 53(1) and (3) (engaging consultants);

 (c) section 70 (Stakeholder Panel);

 (d) subsection 75(3) (determining information is commercial‑in‑confidence);

 (e) subsections 78(4) to (7) (arrangements for sharing and use of information).

Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.

 (2) The Board may, in writing, delegate the Board’s functions or powers under section 76 or 77 (disclosure and use of information) to any of the following:

 (a) a member of the staff of the Authority;

 (b) a person whose services are made available to the Authority under subsection 52(1);

 (c) a person engaged as a consultant under subsection 53(1).

 (3) The Board must not delegate a function or power to a person under subsection (2) unless the Board is satisfied that the person has suitable qualifications, training or experience to properly perform the function or exercise the power.

 (4) If the Board delegates a function or power under subsection (1) of this section to the CEO, other than the function mentioned in paragraph (1)(e), the CEO may, in writing, subdelegate the function or power to a member of the staff of the Authority who is an SES employee or an acting SES employee.

Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.

 (5) In exercising any powers or performing any functions under a delegation or subdelegation, the delegate or subdelegate must comply with any directions of the Board.

 (6) Sections 34AA to 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.

 (7) A delegation by the Board continues in force despite a change in the membership of the Board.

 (8) A delegation may be varied or revoked by the Board (whether or not there has been a change in the membership of the Board).