COMMISSIONER FOR SUSTAINABILITY AND THE ENVIRONMENT ACT 1993 - SECT 12 Functions

COMMISSIONER FOR SUSTAINABILITY AND THE ENVIRONMENT ACT 1993 - SECT 12

    (1)     The commissioner has the following functions:

        (a)     investigating complaints about—

              (i)     the management of the environment by the Territory or a territory authority; and

              (ii)     issues relating to ecologically sustainable development in the ACT;

        (b)     conducting investigations as directed by the Minister;

        (c)     conducting, on the commissioner's own initiative, investigations into actions of an agency where those actions would have a substantial impact on the environment of the ACT.

Note 1     Function includes authority, duty and power (see Legislation Act

, dict, pt 1).

Note 2     A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act

, s 196 and dict, pt 1, def entity ).

    (2)     The commissioner is not authorised to investigate action taken by—

        (a)     a judge or the associate judge; or

        (b)     a magistrate or coroner for the ACT; or

        (c)     a royal commission under the Royal Commissions Act 1991

; or

        (d)     a board of inquiry under the Inquiries Act 1991

; or

        (e)     a panel conducting an inquiry under the Planning Act 2023

, division 6.3.9 (EIS inquiry panels); or

        (f)     the ombudsman.

    (3)     In this section:

"associate judge" means the Master of the Supreme Court under the Supreme Court Act 1933

, as in force at any time before the day the Courts Legislation Amendment Act 2023

, section 23 commences.

Note     The Courts Legislation Amendment Act 2023

, s 23 omitted the Supreme Court Act 1933

, pt 3, which provided for the Master of the Supreme Court (known as the Associate Judge).