Commonwealth Consolidated Acts

TRANSPORT SAFETY INVESTIGATION ACT 2003 - SECT 63B

  (1)   Subject to subsections   (2) and (3), the ATSB may, by writing, delegate to any person all or any of its powers under this Act, other than the power to publish a report under section   25.

Note 1:   Functions and duties can also be delegated: see the definition of power .

Note 2:   For variation and revocation, see subsection   33(3) of the Acts Interpretation Act 1901 .

Limitations on delegation

  (2)   The ATSB must not delegate its powers to a person unless the ATSB is satisfied that the person satisfies the criteria prescribed by the regulations.

  (3)   The ATSB must not delegate its powers under section   32 to anyone other than:

  (a)   the Chief Commissioner; or

  (b)   an SES employee; or

  (c)   a person who holds or performs the duties of an APS Executive Level 1 or 2 position or an equivalent position; or

  (d)   a person employed by any authority or body constituted by or under a law of the Commonwealth, where the skills and responsibilities that are expected of the person are equivalent to, or exceed, the skills and responsibilities expected of a person covered by paragraph   (b) or (c); or

  (e)   a special investigator.

Note:   For the definition of SES employee , see section   2B of the Acts Interpretation Act 1901 .

  (4)   If the Chief Commissioner (the first delegate ) is delegated powers under subsection   (3), the Chief Commissioner may, in writing, delegate any of those powers to a person (the second delegate ) mentioned in the following paragraphs:

  (a)   an SES employee;

  (b)   a person who holds or performs the duties of an APS Executive Level 1 or 2 position or an equivalent position;

  (c)   a person employed by any authority or body constituted by or under a law of the Commonwealth, where the skills and responsibilities that are expected of the person are equivalent to, or exceed, the skills and responsibilities expected of a person covered by paragraph   (a) or (b);

  (d)   a special investigator.

However, if the first delegate is subject to directions in relation to the exercise of a power delegated, the first delegate must give corresponding directions to the second delegate.

  (5)   A power that is exercised by a person under a delegation under subsection   (4) is taken, for the purposes of this Act, to have been exercised by the ATSB.

Delegate to comply with directions

  (6)   In exercising powers under a delegation, the delegate must comply with any directions of the ATSB.

Note:   See sections   34AA to 34A of the Acts Interpretation Act 1901 .