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DEFENCE ACT 1903 - SECT 116M

Delegation

  (1)   Subject to subsection   ( 2), the Chief of the Defence Force may, in relation to a matter or a class of matters, or to a State, Territory, or other part of Australia, another country or part of another country, by writing signed by him or her , delegate to an officer who holds a rank not below the rank of Captain in the Australian Navy, Colonel in the Australian Army or Group Captain in the Australian Air Force, all or any of his or her powers under this Part.

  (2)   The Chief of the Defence Force shall not delegate:

  (a)   his or her power to authorize an officer for the purposes of subsection   116C (3); or

  (b)   his or her power to authorize an officer for the purposes of Division   3;

except to an officer who holds a rank not below the rank of Rear - Admiral in the Australian Navy, Major - General in the Australian Army or Air Vice - Marshal in the Australian Air Force.

  (5)   A delegation under this section continues in force notwithstanding a change in the occupancy of, or a vacancy in, the office of the Chief of the Defence Force.

  (6)   A document purporting to be a copy of a delegation by the Chief of the Defence Force, or an order or written authority made or given by the Chief of the Defence Force or by a delegate of the Chief of the Defence Force, and purporting to bear the signature or a facsimile of the signature of the Chief of the Defence Force or of the delegate, as the case may be, with an endorsement in writing that the delegation, order or written authority is, or was on a specified date, in force, is, upon mere production in a court or otherwise for any purpose arising under this Part, prima facie evidence that the delegation, order or written authority was duly given or made in the terms set out in the document and is, or was on the date specified, in force.

 


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