South Australian Current Acts

SECOND-HAND VEHICLE DEALERS ACT 1995 - SECT 37

37—Agreement with professional organisation

        (1)         The Commissioner may, with the approval of the Minister, make an agreement with an organisation representing the interests of persons affected by this Act under which the organisation undertakes a specified role in the administration or enforcement of this Act.

        (2)         The agreement—

            (a)         must be in writing and executed by the Commissioner and the organisation; and

            (b)         may contain delegations by the Commissioner of functions or powers under this Act or the Fair Trading Act 1987 ; and

            (c)         must set out any conditions governing the performance or exercise of functions or powers conferred on the organisation; and

            (d)         must make provision for the variation and termination of the agreement by the Commissioner with the approval of the Minister or the organisation.

        (3)         The Commissioner may not delegate any of the following for the purposes of the agreement:

            (a)         functions or powers under Part 2;

            (b)         power to request the Commissioner of Police to investigate and report on matters under this Part;

            (c)         power to commence a prosecution for an offence against this Act.

        (4)         A delegation by the Commissioner for the purposes of the agreement—

            (a)         has effect subject to the conditions specified in the agreement; and

            (b)         may be varied or revoked by the Commissioner in accordance with the terms of the agreement; and

            (c)         does not prevent the Commissioner from acting in any matter.

        (5)         The Minister must, within six sitting days after the making of an agreement, cause a copy of the agreement to be laid before both Houses of Parliament.