Carbon Pricing Act 2018 · 2020 Revised Edition · Part 5 · Carbon Pricing
20G. Assignment of function or power to public body
Feedback & supportLast amended by an amending law of 2022.
The Minister may assign any of his or her functions and powers under this Division to any public body.
Minister
“Minister” means —(a)except as provided in paragraph (b), the Minister charged with the responsibility for sustainability and the environment; and(b)for the purposes of Division 1A of Part 5, the Minister charged with the responsibility for trade and industry;
Where the public body is not one for which the Minister is the responsible Minister, the Minister must consult the responsible Minister for the public body on the assignment.
public body
“public body” and “responsible Minister”, in relation to a public body, have the meanings given by section 2(1) of the Public Sector (Governance) Act 2018.
An assignment under this section —
must be made by order in the Gazette;
may be general or limited;
may be subject to conditions that are consistent with the nature of the assigned function or power;
may be to 2 or more public bodies at the same time; and
does not prevent the Minister from carrying out or exercising the assigned function or power.
Upon an assignment being made under this section —
the public body, when carrying out the function or exercising the power assigned to it, is treated as carrying out a function or exercising a power conferred on the public body under the Act that establishes it; and
the public body must carry out the function or exercise the power assigned to it in accordance with any directions given by the Minister.
A member of the public body who is not from the public sector must not be involved in the carrying out of a function or the exercise of a power assigned to the public body.
The public body must not delegate a function or power assigned to it, to any of its members, or to any other person, who is not from the public sector.
Without affecting any obligation as to secrecy or other restriction against the disclosure of information imposed by any law or contract —
a member of the public body who is from the public sector; or
a person who has been delegated a function or power assigned to the public body,that receives or obtains any information for the purposes of this Division, must not disclose or provide access to such information to a member of the public body, or any other person, who is not from the public sector.
Subsection (7) does not apply to the following information:
information the disclosure of which has been approved by the Minister; (b)information relating to a person —
for which consent for disclosure has been obtained from the person; or (ii)that is already in the possession of the public body;
information that is publicly available.
The public body may carry out a function or exercise a power assigned to it despite the absence of a quorum at any meeting of the public body because of subsection (5) or (7), and the absence of a quorum does not affect the validity of anything done by the public body at the meeting.
This section does not permit the assignment of —
any power to make subsidiary legislation; and
the power of assignment in this section.