5BActions by incorrect public body

5B Actions by incorrect public body

5B Actions by incorrect public body

(1) This section applies if the Authority or another public body that is authorised to exercise the functions of the Authority or the CEO of the Authority under section 5A exercises a function in relation to a matter for which it is not the appropriate public body.

(2) The Authority or public body must, as soon as practicable after becoming aware of the exercise of the function, give written notice to the appropriate public body about—

(a) the exercise of the function, and

(b) any function for which the Authority or public body is not the appropriate public body that it proposes—

(i) to continue to exercise in relation to the matter, or

(ii) to cease to exercise in relation to the matter.

(3) The Authority or public body may, if the Authority or public body gives notice under subsection (2), continue to exercise the function until—

(a) directed not to exercise the function by the appropriate public body, or

(b) either of the following applies—

(i) the Authority or public body is authorised to exercise the function,

(ii) for the Authority—the authorisation given to the public body to exercise the function is revoked.

(4) If the appropriate public body becomes aware the Authority or other public body is exercising, or has exercised, a function of the appropriate public body in relation to a matter, the appropriate public body may, by written notice to the Authority or public body, direct the Authority or another public body not to exercise functions under this Act in relation to the matter.

(5) A direction given by the appropriate public body does not affect proceedings already commenced by the Authority or other public body in relation to the matter and, for that purpose, this section applies as if the direction had not been given.

(6) For this Act and the regulations and any proceedings, the Authority or a public body that exercises a function as referred to in subsection (1), or that continues to exercise a function under subsection (3), is taken to be the appropriate public body in relation to the matter.