Commonwealth Numbered Acts

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BUILDING AND CONSTRUCTION INDUSTRY (IMPROVING PRODUCTIVITY) ACT 2016 (NO. 87, 2016) - SECT 19

Delegation by ABC Commissioner

             (1)  The ABC Commissioner may, in writing, delegate all or any of his or her powers and functions under this Act (other than his or her functions or powers as an inspector) to:

                     (a)  a Deputy ABC Commissioner; or

                     (b)  an inspector who is an e mployee of the Commission; or

                     (c)  an SES employee or acting SES employee who is an employee of the Commission; or

                     (d)  a person (whether or not an SES employee) who is an employee of the Commission and prescribed by the rules for the purposes of this paragraph.

             (2)  Powers or functions under section 61B or 61F or subsection 61E(3) or (4) (examination notices) may only be delegated to:

                     (a)  a Deputy ABC Commissioner; or

                     (b)  if no Deputy ABC Commissioner is currently appointed--an SES employee or acting SES employee.

             (3)  In exercising powers or performing functions under a delegation, the delegate must comply with any directions of the ABC Commissioner.

             (4)  As soon as practicable after delegating any power or function under this section, the ABC Commissioner must publish details of the delegation.

             (5)  The ABC Commissioner may give a direction for the purposes of subsection (3).

             (6)  A written direction under subsection (5) that is of general application is a legislative instrument.

             (7)  A written direction under subsection (5) that relates to a particular case is not a legislative instrument.



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