Commonwealth Numbered Acts Commonwealth Numbered Acts
1 Subsection 31(1)
After "all or any of his or her", insert "functions or".
2 Subsection 31(1)
Omit "other than his or her powers", substitute "other than those".
3 After subsection 31(1)
Insert:
(1AA) If a function is delegated under subsection (1) to a person referred to in paragraph 29(b), the person need not accept the function delegated.
4 After subsection 31(1A)
Insert:
(1B) The Director may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him or her, delegate to:
(a) a person performing a similar role under a law of a State or Territory; or
(b) a member of the staff of a State or Territory authority (within the meaning of subsection 15(3)) who is a legal practitioner; or
(c) a person authorised by, or under, a law of a State or Territory to institute or conduct prosecutions for offences against the laws of the State or Territory; or
(d) a person included in a class of persons prescribed by the regulations for the purposes of this paragraph;
all or any of the Director's functions and powers under the following provisions:
(e) paragraphs 6(1)(a), (b), (c), (d) and (e);
(f) paragraph 6(1)(n) (so far as it relates to the functions covered by paragraph (e) of this subsection);
(g) subsections 6(2A), (2B) and (2C);
(h) subsections 9(7), (8A) and (8B);
(i) other provisions of this Act prescribed by the regulations for the purposes of this paragraph.
(1C) If a function is delegated under subsection (1B) to a person, the person need not accept the function delegated.
5 Subsection 31(2)
After "A", insert "function or".
6 Subsection 31(2)
After "when", insert "performed or".
7 Subsection 31(2)
After "been", insert "performed or".
8 Subsection 31(3)
After "prevent", insert "the performance of a function or".
9 After section 32
Insert:
32A Immunity from civil proceedings
(1) No civil action, suit or proceeding lies against the following persons:
(a) the Director;
(b) a member of the staff of the Office;
(c) a person to whom functions or powers are delegated under section 31;
in relation to an act done, or omitted to be done, in good faith by the person in the performance or exercise, or the purported performance or exercise, of any function, duty or power under, or in relation to, this Act.
(2) No civil action, suit or proceeding lies against a person employed under subsection 27(3) in relation to an act done, or omitted to be done, in good faith by the person for the purposes of the performance of the functions of the Director.
Note: Subsection (1) applies to the extent that the Director's functions or powers are delegated to a person employed under subsection 27(3).
(3) No civil action, suit or proceeding lies against a person referred to in section 29 whose services are made available to the Director in relation to an act done, or omitted to be done, in good faith by the person for the purpose of assisting the Director.
Note: Subsection (1) applies to the extent that the Director's functions or powers are delegated to a person referred to in section 29 whose services are made available to the Director.
(4) No civil action, suit or proceeding lies against the AGS in relation to an act done, or omitted to be done, in good faith by the AGS in performing a function or exercising a power under an arrangement made under subsection 32(1).
(5) No civil action, suit or proceeding lies against:
(a) the Chief Executive Officer of the AGS; or
(b) a person employed under subsection 55ZB(1) of the Judiciary Act 1903 ;
in relation to an act done, or omitted to be done, in good faith by the person in assisting the AGS to perform a function or exercise a power under an arrangement made under subsection 32(1) of this Act.
(6) In subsections (4) and (5):
"AGS" has the meaning given by subsection 32(4).