Section 202B — National Disability Insurance Scheme Act 2013: Delegation of compliance and enforcement powers

(1) The Commissioner may, in writing, delegate the Commissioner’s powers and functions under Part 3B of Chapter 4 (compliance and enforcement) to APS employees in the Commission in accordance with the following table: Delegation of regulatory powers Item The Commissioner may delegate the following powers and functions … to the following APS employees in the Commission … 1 any of the powers and functions under that Part, including: (a) powers under the Regulatory Powers Act in relation to the provisions of this Act; and (b) powers and functions under the Regulatory Powers Act that are incidental to a power mentioned in paragraph (a) an SES employee, or an acting SES employee, in the Commission 2 a power or function under subsection 73ZL(2) or (3) (infringement notices), including: (a) powers under Part 5 of the Regulatory Powers Act in relation to the provisions of this Act; and (b) powers and functions under the Regulatory Powers Act that are incidental to a power mentioned in paragraph (a) an APS employee in the Commission who holds, or performs the duties of, an Executive Level 2, or equivalent, position 3 a power or function under section 73ZM (compliance notices) an APS employee in the Commission who holds, or performs the duties of, an Executive Level 1 or 2, or equivalent, position Note 1: The expressions SES employee, acting SES employee and APS employee are defined in section 2B of the Acts Interpretation Act 1901. Note 2: See also sections 34AA and 34AB of the Acts Interpretation Act 1901. (2) Before delegating a power or function under subsection (1) to an APS employee covered by item 2 or 3 of the table in that subsection, the Commissioner must have regard to: (a) if the power or function is delegated to an APS employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the employee to exercise the power or perform the function; or (b) otherwise—whether the employee has appropriate qualifications or expertise to exercise the power or perform the function. (3) A person exercising powers or performing functions under a delegation under subsection (1) must comply with any directions of the Commissioner.