Australian Capital Territory Numbered Acts

EMERGENCIES AMENDMENT ACT 2021 (NO. 30 OF 2021) - SECT 11

in chapter 2, insert

13     Assistant emergency services commissioners

    (1)     The director-general may appoint 1 or more public servants to be an Assistant ACT Emergency Services Commissioner (an assistant commissioner ).

Note     For laws about appointments, see the Legislation Act

, pt 19.3.

    (2)     However, the director-general may appoint a person under subsection (1) only if the person has the management, professional and technical expertise to exercise the assistant commissioner's functions.

14     Assistant commissioners' functions

    (1)     An assistant commissioner's function is to support the commissioner in the exercise of the commissioner's functions.

    (2)     An assistant commissioner must not exercise the assistant commissioner's function in a way that—

        (a)     is inconsistent with the commissioner's exercise, or proposed exercise, of a function under this Act or any other territory law; or

        (b)     may unreasonably restrict or undermine the commissioner's exercise of a function under this Act or any other territory law; or

        (c)     is inconsistent with the commissioner's guidelines.

    (3)     An assistant commissioner must comply with any direction from the commissioner about the exercise of the assistant commissioner's functions.

    (4)     If the commissioner is unavailable or, for any other reason, unable to perform the functions of commissioner, the acting commissioner is—

        (a)     if there is only 1 assistant commissioner at the time the commissioner is unavailable or unable to perform the functions—the assistant commissioner; or

        (b)     if there is more than 1 assistant commissioner at the time—the assistant commissioner nominated, by the commissioner, to be the acting commissioner.

Note     A person acting in a position under a standing acting arrangement has all the functions (including authorities, duties and powers) of the occupant of the position (in this case, the commissioner)—see the Legislation Act

, s 225B.

    (5)     An assistant commissioner has any other function prescribed under this Act or another territory law.

15     Delegation by assistant commissioners

An assistant commissioner may delegate the assistant commissioner's functions under this Act or another territory law to a public servant, a member of an emergency service, a police officer or an emergency services support volunteer.

Note     For laws about delegations, see the Legislation Act

, pt 19.4.