Tax Agent Services Act 2009
PART 7
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MISCELLANEOUS
Division 70
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Miscellaneous
Subdivision 70-D
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Provisions relating to the Board
SECTION 70-30
Delegation by Board
70-30(1)
Subject to subsections (1A) and (2), the Board may, by writing, delegate all or any of its functions and powers to:
(a) a *Board member; or
(b) a *committee; or
(c) an APS employee whose services are made available to the Board under section 60-80 ; or
(d) to a person engaged by the Board.
The Board may not delegate:
(a) its function of issuing guidelines; or
(b) its power to establish a committee under section 60-85 .
The Board may only delegate to a * committee a power to make a decision in respect of which an application for review may be made to the Administrative Appeals Tribunal under section 70-10 if:
(a) the committee has 3 members or more; and
(b) all members of the committee are * Board members. 70-30(3)
A delegate is, in the exercise of a delegated function or power, subject to the directions of the Board. 70-30(4)
A delegation under this section:
(a) may be revoked by the Board (whether or not constituted by the * Board members who constituted the Board when the power was delegated); and
(b) continues in force even if the membership of the Board changes.
Subject to subsections (1A) and (2), the Board may, by writing, delegate all or any of its functions and powers to:
(a) a *Board member; or
(b) a *committee; or
(c) an APS employee whose services are made available to the Board under section 60-80 ; or
(d) to a person engaged by the Board.
70-30(1A)
The Board may not delegate:
(a) its function of issuing guidelines; or
(b) its power to establish a committee under section 60-85 .
70-30(2)
The Board may only delegate to a * committee a power to make a decision in respect of which an application for review may be made to the Administrative Appeals Tribunal under section 70-10 if:
(a) the committee has 3 members or more; and
(b) all members of the committee are * Board members. 70-30(3)
A delegate is, in the exercise of a delegated function or power, subject to the directions of the Board. 70-30(4)
A delegation under this section:
(a) may be revoked by the Board (whether or not constituted by the * Board members who constituted the Board when the power was delegated); and
(b) continues in force even if the membership of the Board changes.
[
CCH Note:
No 120 of 2013, s 3 and Sch 2 item 29 contains the following savings provision:
29 Saving of existing delegations
]
29
A delegation in force under section 70-30 of the
Tax Agent Services Act 2009
immediately before 30 June 2013 continues to have effect, on and after 30 June 2013, as if it were a delegation under that section as amended.
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