New South Wales Consolidated Acts

INDEPENDENT COMMISSION AGAINST CORRUPTION ACT 1988 - SECT 107

107 Delegation

(1) The Chief Commissioner may delegate any function of the Commission to an Assistant Commissioner or an officer of the Commission.

(2) A Commissioner may delegate any of his or her functions to an Assistant Commissioner or an officer of the Commission (other than the authorisation of a decision of the Commission under section 6 (2) or the issue of guidelines under section 31B).

(3) An Assistant Commissioner or officer of the Commission may delegate to an officer of the Commission any of the functions delegated to the Assistant Commissioner or officer, subject to any conditions to which the delegation is subject.

(4) The following functions may not be delegated--

(a) a power of delegation conferred by this section,

(b) a function of making a report under this Act,

(c) the power of a Commissioner to issue a warrant for the arrest of a person under section 36 or 100,

(d) the power of a Commissioner to issue search warrants under section 40,

(e) the power of a Commissioner to certify as referred to in section 111 (4) (c).

(5) The following functions may be delegated only to an Assistant Commissioner--

(a) the power to require a public authority or public official to produce a statement of information under section 21,

(b) the power to require a person to attend and produce a document or other thing under section 22,

(c) the power to authorise an officer of the Commission to enter premises under section 23,

(d) the making of an application for an injunction under section 27,

(e) the powers of the Commission or a Commissioner under Division 3 of Part 4 at or in connection with a compulsory examination or public inquiry, except the power to issue a warrant for the arrest of a person under section 36,

(f) the powers of a Commissioner under Part 10 at or in connection with a hearing.

(6) The functions referred to in subsection (4) may however be delegated to an Assistant Commissioner (and to an Assistant Commissioner only) if the Chief Commissioner is of the opinion that there would or might be a conflict of interest or that it would be in the interests of justice to do so.

(7) No person shall be concerned to inquire whether circumstances exist warranting a delegation under subsection (6), and a statement in the instrument of delegation of the Chief Commissioner's opinion referred to in that subsection is sufficient.