Commonwealth Consolidated Acts

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SUPERANNUATION ACT 1990 - SECT 28A

Delegation by Board

             (1)  The Board may, by signed instrument, delegate to:

                     (a)  a trustee; or

                    (aa)  a member of the staff of the Board; or

                     (b)  the Commissioner; or

                     (c)  a member of the staff assisting the Commissioner in the performance of his or her functions under this Act; or

                     (d)  an APS employee in the Department; or

                     (e)  an officer or employee of a person who is responsible for investing money forming part of a superannuation fund vested in or managed by the Board; or

                      (f)  any other person who performs duties in connection with the operation of this Act; or

                     (g)  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 this Act or the regulations.

             (2)  If the Board delegates a power under subsection (1), the delegate may, by writing, sub‑delegate the power:

                     (a)  if the delegate is a trustee--to:

                              (i)  another trustee; or

                             (ii)  a person referred to in paragraph (1)(aa), (b), (c), (d), (e) or (f); or

                     (b)  if the delegate is the Commissioner--to a person referred to in paragraph (1)(c), (d), (e) or (f); or

                     (c)  if the delegate is a person referred to in paragraph (1)(aa), (c), (d), (e) or (f)--to:

                              (i)  another person referred to in the same paragraph; or

                             (ii)  a person referred to in another of those paragraphs.

             (3)  Section 34AA and paragraphs 34AB(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.

             (4)  Section 34A and paragraphs 34AB(c) and (d) of the Acts Interpretation Act 1901 apply to a sub‑delegation as if it were a delegation.


 

   



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