Section 161 Federal Competition and Consumer Protection Act 2018

Section 161 of the Federal Competition and Consumer Protection Act 2018 is about Delegation by the Commission. It is under Part XVIII (Miscellaneous Provisions) of the Act.

(1) The Commission may delegate any of its powers subject to such conditions and restrictions as it may deem fit, and the delegation may be made either generally or in relation to any particular matter or class of matters.

(2) A person to whom the Commission delegates its power shall be either a member or an officer of the Commission.

(3) Subject to any general or special direction given or condition or restriction imposed by the Commission, any person to whom any power or function is delegated may exercise the power or perform the function in the same
manner and with the same effect as if it had been conferred directly by this Act.

(4) Any person purporting to act pursuant to any delegation under this section shall be presumed to be acting in accordance with the terms of the delegation, in the absence of proof to the contrary.

(5) Delegation of any power or function under this section shall not prevent the exercise of that power or performance of that function by the Commission.

(6) Until it is revoked or amended, every delegation shall continue in force according to its terms.