Australian Capital Territory Current Acts

ENVIRONMENT PROTECTION ACT 1997 - SECT 17

    (1)     If the authority discloses a conflict of interest in accordance with the Public Sector Management Act 1994

, section 9 (1) (b), the authority must not, unless the director-general otherwise decides, make a decision in relation to the matter.

    (2)     Unless the director-general decides that the authority should make a decision in relation to the matter, the director-general must appoint another public servant (the acting authority ) to act as the authority for making a decision in relation to the matter.

Note 1     For the making of appointments (including acting appointments), see the Legislation Act

, pt 19.3.

Note 2     In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act

, s 217).

    (3)     The instrument of appointment must state the period for which the acting authority is appointed.

    (4)     For making a decision in relation to the matter, the acting authority may exercise all the functions of the authority.

    (5)     For this Act, a decision made by the acting authority is taken to have been made by the authority.

    (6)     This section does not prevent the authority from continuing to exercise the functions of the authority in relation to any other matter during the period for which the acting authority is appointed.