SECTION 14
DELEGATION
14(1)
[Power to delegate]
The CEO may, by signed instrument, delegate to an officer of Customs all or any of the functions and powers of the CEO under a law of customs or any other law of the Commonwealth (other than a function or power under section
15A
).
History
S 14(1) amended by No 194 of 2012, s 3 and Sch 2 item 18, effective 15 February 2013; No 25 of 2001, s 3 and Sch 7, item 3, effective 4 May 2001; No 85 of 1995, s 7 and Sch 5, effective 1 July 1995.
S 14(1) substituted by No 78 of 1989, s 12.
14(2)
[Subject to review]
A delegation under this section may be made subject to a power of review and alteration by the CEO, within a period specified in the instrument of delegation, of acts done under the delegation.
History
S 14(2) amended by No 85 of 1995, s 7 and Sch 5, effective 1 July 1995.
S 14(2) repealed and substituted by No 78 of 1989, s 12.
14(3)
[Performance or exercise of power or function]
A function or power so delegated, when performed or exercised by the delegate, shall, for the purposes of the law of customs, or the other law of the Commonwealth, under which the function was established or the power conferred, be taken to have been performed or exercised by the CEO.
History
S 14(3) amended by No 25 of 2001, s 3 and Sch 7, item 3, effective 4 May 2001; No 85 of 1995, s 7 and Sch 5, effective 1 July 1995.
S 14(3) substituted by No 78 of 1989, s 12.
14(4)
[Application of Acts Interpretation Act]
Paragraph
34AB(1)(c)
of the
Acts Interpretation Act 1901
does not apply to a delegation under subsection (1).
History
S 14(4) amended by No 46 of 2011, s 3 and Sch 2 item 482, effective 27 December 2011. For saving and transitional provisions see note under s
13
.
S 14(4) repealed and substituted by No 78 of 1989, s 12.
14(4A)
(Repealed by No 139 of 2013)
History
S 14(4A) repealed by No 139 of 2013, s 3 and Sch 1 item 96, effective 27 March 2014. No 139 of 2013, s 3 and Sch 1 item 105 contains the following application, saving and transitional provisions:
105 Continuation of secrecy provision
105(1)
A delegation in force under subsection 14(4A) of the
Customs Administration Act 1985
immediately before the commencement of this item continues to apply on and after that commencement.
105(2)
Section
16
of the
Customs Administration Act 1985
, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to the Commissioner and to information that came to the knowledge of, or into the possession of, the Commissioner before that commencement while he or she performed duties.
…
108 Transitional rules
108
The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) arising out of the amendments and repeals made by Part 1 or 2 of this Schedule.
14(5)
[Meaning of
"
officer of Customs
"
]
In this section:
officer of Customs
means a person who is an Officer of Customs for the purposes of the
Customs Act 1901
.
History
S 14(5) substituted by No 25 of 2001, s 3 and Sch 7, item 4, effective 4 May 2001.
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