Page 2356 - Week 08 - Wednesday, 22 June 1994
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Clause 36
MS FOLLETT (Chief Minister and Treasurer) (3.40): I move:
7. Page 20, lines 3 to 27, subclauses (2) to (7), omit the subclauses, substitute the following subclauses:
"(2) Subject to subsections (3) and (5), the Commissioner may -
(a) delegate to a public sector officer all or any of his or her powers under this Act or under any other law; or
(b) sub-delegate to a public sector officer all or any of the powers delegated to him or her under a law other than this Act.
"(3) Subsection (2) does not extend to powers exercisable by the Commissioner under subsection 20(2).
"(4) Subject to subsection (5), a Chief Executive may -
(a) delegate to a public sector officer all or any of his or her powers under this Act or under any other law; or
(b) sub-delegate to a public sector officer all or any of the powers delegated to him or her under a law other than this Act.
"(5) A power shall not be delegated or sub-delegated under subsection (2) or (4) to a person performing a function on behalf of the Territory unless the Commissioner or Chief Executive, as the case may be, considers that the tasks to be undertaken by the person require the exercise of that power.
"(6) If the Commissioner has delegated or sub-delegated a power under subsection (2) or a Chief Executive has delegated or sub-delegated a power under subsection (4), the Commissioner or the Chief Executive, as the case may be, may give directions to the delegate or sub-delegate with respect to the exercise of the power.
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