5ACertain persons and public bodies may exercise certain functions of Authority

5A Certain persons and public bodies may exercise certain functions of Authority

5A Certain persons and public bodies may exercise certain functions of Authority

(1) The object of this section is to provide for certain persons and public bodies other than the Authority to exercise certain of the Authority’s functions under this Act in certain circumstances instead of the Authority.

(2) The Secretary of Regional NSW may exercise such functions of the Authority and of the CEO of the Authority as may be prescribed by the regulations in respect of radioactive ore subject to such conditions or limitations as are specified in the regulations.

(2A) The Secretary of that Department may delegate the exercise of a function in respect of radioactive ore that has been prescribed by the regulations made under subsection (2) to any of the following persons—

(a) a person employed in Regional NSW,

(b) a member of staff of an agency of another State or a Territory that administers radiation control legislation,

(c) a person of a class prescribed by the regulations.

(2B) A person to whom the exercise of a function is delegated under subsection (2) must exercise the function in accordance with any conditions or limitations specified in the regulations made under that subsection.

Note.

The instrument of delegation may also limit the delegation. See section 49 of the Interpretation Act 1987.

(3) Neither the Authority nor the CEO of the Authority can exercise a function in respect of radioactive ore if that function is prescribed under subsection (2).

(4) The regulations may prescribe the circumstances (including conditions and limitations) in which a public body may exercise functions of the Authority under this Act.

(5) The Authority cannot exercise a function in circumstances if the regulations have prescribed another public body to exercise the function in those circumstances.

(6) The regulations may not prescribe circumstances in which a public body exercises any such function in respect of activities carried on by that public body.

(7) (Repealed)

s 5A: Ins 2010 No 91, Sch 1 [4] (am 2011 No 63, Sch 3.7 [2]). Am 2014 No 33, Sch 1.13 [1]–[5]; 2015 No 58, Sch 3.75 [1] [2]; 2017 No 22, Sch 4.36; 2022 No 3, Sch 7[3] [4]; 2024 No 20, Sch 6[3].