Commonwealth Numbered Acts

WATER ACT 2007 (NO. 137, 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.