PART 5 — MISCELLANEOUS
[HRA 44]
Annual report
44 (1) Without limiting the right of the Commission to report at any other time, the
Commission must, within 3 months after the end of each financial year, furnish to the
President a report on the exercise of its functions under this Act during the year, and must
submit a copy to the Prime Minister.
(2) Following submission of the annual report to the President and Prime Minister, the
Commission must hold a public meeting at a time and place it fixes to discuss the contents
of the annual report and the carrying out of its functions during the year.
[HRA 45]
Delegation of functions by Commission or Commissioner
45 (1) The Commission may from time to time by writing under the hand of the
chairperson, delegate to a Commissioner any of the functions or powers of the
Commission under this Act, except the functions set out in section 11 of this Act, this
power of delegation, and the power to make any report under this Act.
(2) With the prior written approval of the Minister, any Commissioner may from time
to time, by writing under his or her hand, delegate to any employee of the Commission
any of the Commissioner’s powers under this Act, except this power of delegation and the
power to make any report under this Act.
[HRA 46]
Nature of delegation
46 (1) The following provisions apply to a delegation under section 45—
(a) it may be made to a specified person or to the holder for the time being of a
specified office or to the holders of offices of a specified class;
(b) it may be made subject to such restrictions and conditions as the Commission or
Commissioner thinks fit, and may be made either generally in relation to any
particular case or class of cases;
(c) it is revocable at will and no such delegation prevents the exercise of any
function by the Commission or Commissioner, as the case may be;
(d) until revoked, it continues in force according to its terms and if, in the case of a
delegation by a Commissioner, the Commissioner by whom it was made ceases
to hold office, it continues to have effect as if made by his or her successor.
(2) A person purporting to exercise any power of the Commission or of a
Commissioner by virtue of a delegation under section 45 must, when required to do so,
produce evidence of his or her authority to exercise the power.
[HRA 47]
Commissioners and employees to maintain secrecy
47 (1) Subject to this section, a Commissioner or any employee of the Commission
who, either directly or indirectly and either while remaining or after ceasing to be a
Commissioner or employee, makes a record of, or divulges or communicates to any
person, any information acquired in the performance of his or her duties under this Act,
commits an offence and is liable on conviction to a fine of $5,000.
(2) Subsection (1) does not prevent a Commissioner or an employee of the
Commission from making a record of, or divulging or communicating to any person
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