GREAT BARRIER REEF MARINE PARK ACT 1975 - SECT 47 Delegation by Authority

GREAT BARRIER REEF MARINE PARK ACT 1975 - SECT 47

  (1)   The Authority may, in writing, delegate any or all of its powers or functions under this Act to any of the following:

  (a)   the Chairperson;

  (aa)   the CEO;

  (b)   an employee of the Department or of the Authority;

  (c)   an officer or employee of an Agency (within the meaning of the Public Service Act 1999 ) in respect of whom an arrangement is in force under subsection   48A(1);

  (d)   an official of a corporate Commonwealth entity in respect of whom an arrangement is in force under subsection   48A(2);

  (e)   an officer or employee of Queensland, or of an authority of Queensland (including a local government body), in respect of whom an arrangement is in force under subsection   48A(3).

  (2)   The Authority may, in writing, sub - delegate to a person mentioned in subsection   (1) a power or function delegated to the Authority under this or any other Act.

  (3)   Despite subsection   (1) or (2), the Authority must not delegate or sub - delegate under that subsection a power or function under Part   VAA (Offences and penalties) or Part   VIII (Enforcement) of this Act or under Part   17 (Enforcement) of the Environment Protection and Biodiversity Conservation Act 1999 to a person mentioned in paragraph   (1)(b), (c), (d) or (e) unless the person:

  (a)   is an SES employee or an acting SES employee; or

  (b)   holds, or is acting in, an Executive Level 1 or 2, or equivalent, position; or

  (c)   is of equivalent rank to an APS employee who:

  (i)   is an SES employee or acting SES employee; or

  (ii)   holds, or is acting in, an Executive Level 1 or 2, or equivalent, position.

  (4)   Sections   34AA, 34AB and 34A of the Acts Interpretation Act 1901 apply to a sub - delegation under subsection   (2) in the same way as they apply to a delegation.

  (5)   In exercising powers or performing functions under a delegation, the delegate must comply with any directions of the Authority.

  (6)   In exercising powers or performing functions under a sub - delegation, the sub - delegate must comply with any directions of the Authority.

  (7)   If the Authority is subject to a direction in relation to the exercise of a power or the performance of a function sub - delegated under this section, the Authority must give a corresponding direction to the sub - delegate.