New South Wales Consolidated Acts

FOOD ACT 2003 - SECT 109E

109E Delegation

(1) The Food Authority may delegate to:

(a) a member of staff of the Food Authority (whether by name or by reference to the holder of an office), or

(b) an authorised officer, or

(c) a private subsidiary corporation, or

(d) the holder of an office prescribed by the regulations, or

(e) an enforcement agency or a person holding a position prescribed by the regulations as the head of an enforcement agency,

any function of the Food Authority under this Act that is not specified in subsection (2).

(2) The following functions of the Food Authority cannot be delegated:

(a) the power of delegation conferred by this section,

(b) any function under Part 3 (Emergency powers),

(c) any function under section 111B (Conditions and limitations on exercise of functions by enforcement agencies).

(3) A delegate may sub-delegate to a person referred to in subsection (1) any function delegated by the Food Authority if the delegate is authorised in writing to do so by the Food Authority.

(4) A function must not be delegated under this section to an enforcement agency without the consent in writing of the enforcement agency.