GOVERNANCE OF AUSTRALIAN GOVERNMENT SUPERANNUATION SCHEMES ACT 2011 - SECT 36 Delegation by CSC
GOVERNANCE OF AUSTRALIAN GOVERNMENT SUPERANNUATION SCHEMES ACT 2011 - SECT 36
Delegation by CSC(1) CSC may, by writing, delegate to:
(b) a member of the staff of CSC; or
(e) an APS employee in the Department or in the Department responsible for the administration of the Defence Act 1903 ; or
(f) a member of the Australian Defence Force; or
(g) an officer or employee of a person who is responsible for investing money forming part of a superannuation fund administered by CSC; or
(h) any other person who performs duties in connection with the operation of a governing deed, an Act administered by CSC or regulations made under such an Act; or
(i) a committee consisting of 2 or more persons each of whom is a person referred to in any of the above paragraphs;
all or any of its powers under an Act administered by CSC or regulations made under such an Act.
(2) Despite subsection ( 1), CSC may only delegate its power to reconsider its own decisions or decisions made by its delegates (other than decisions relating to recovery of debts owing to the Commonwealth) under an Act mentioned in column 1 of the following table to a Committee mentioned in column 2 of the table in relation to the item :
Delegation of power to reconsider decisions | |||
Item | If the decision was made by CSC or its delegate under ... | then, CSC may delegate its power to reconsider the decision to ... | |
1 | (a) the Defence Force Retirement and Death Benefits Act 1973 or regulations made under that Act; or (b) the Defence Forces Retirement Benefits Act 1948 or regulations made under that Act; or (c) the Australian Defence Force Cover Act 2015 or rules made under that Act | the Defence Force Case Assessment Panel established under section 100 of the Defence Force Retirement and Death Benefits Act 1973 . | |
2 | the Papua New Guinea (Staffing Assistance) Act 1973 or regulations made under that Act | a Reconsideration Advisory Committee established under section 55 of that Act. | |
3 | the Superannuation Act 1922 or regulations made under that Act | a Reconsideration Advisory Committee established under section 127 of that Act. | |
4 | the Superannuation Act 1976 or regulations made under that Act | a Reconsideration Advisory Committee established under section 153AB of that Act. | |
(3) If CSC delegates a power under subsection ( 1) to a director, the director may, by writing, sub - delegate the power to:
(b) a person referred to in paragraph ( 1)(b), (e), (f), (g) or (h).
(5) If CSC delegates a power under subsection ( 1) to a person referred to in paragraph ( 1)(b), (e), (f), (g) or (h), the delegate may, by writing, sub - delegate the power to:
(a) another person referred to in the same paragraph; or
(b) a person referred to in another of those paragraphs.
(6) Section 34AA and paragraphs 34AB(1)(a) , (b) and (d) of the Acts Interpretation Act 1901 apply in relation to a sub - delegation in a corresponding way to the way in which they apply to a delegation.
(7) Section 34A and paragraphs 34AB(1)(c) and (d) of the
Acts Interpretation Act 1901 apply to a sub - delegation as if it were a
delegation.