Commonwealth Consolidated Acts

WATER ACT 2007 - SECT 199

Delegation by Authority

  (1)   The Authority may, by writing, delegate any or all of its functions and powers to:

  (a)   an Authority member; or

  (b)   an SES employee, or acting SES employee, who is a member of the Authority staff; or

  (c)   any other member of the Authority staff; or

  (d)   an individual whose services are made available to the Authority under section   207.

  (2)   The Authority may, by writing, delegate any or all of its functions and powers to a person who holds, or acts in, an office or position:

  (a)   with a State or an authority of a State; and

  (b)   at a level equivalent to that of an SES employee;

if the State or authority agrees to the delegation.

  (3)   A delegate under subsection   (1) or (2) must comply with any written directions of the Authority.

Sub - delegation by senior staff of a State or State authority

  (4)   A person (the delegate ) delegated a function or power under subsection   (2) may, by writing, sub - delegate that function or power to another officer or employee (the sub - delegate ) of the State or authority concerned.

  (5)   A sub - delegate must comply with any written directions of the delegate.

  (6)   If the delegate is subject to a direction in relation to the performance of the function or the exercise of the power sub - delegated under subsection   (4), the delegate must give a corresponding direction to the sub - delegate.

  (7)   Sections   34AA, 34AB and 34A of the Acts Interpretation Act 1901 apply to a sub - delegation in the same way as they apply to a delegation.