Commonwealth Consolidated Acts

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FISHERIES MANAGEMENT ACT 1991 - SECT 65

Delegation

  (1)   Subject to this section, a Joint Authority may, by writing, delegate to an officer or employee of a State or of an authority of a State any of its powers under this Act, other than its powers under sections   18 and 20.

  (2)   Without limiting the operation of subsection   (1), a delegation may be expressed as a delegation to the person from time to time holding, or performing the duties of, a specified position or office in the service of a State or an authority of a State or under the law of a State.

  (3)   A delegate of a Joint Authority is, in the exercise of his or her delegated powers, subject to the directions of the Joint Authority.

  (4)   A delegation of a power under this section:

  (a)   may be revoked, by instrument, by the Joint Authority (whether or not constituted by the persons constituting the Joint Authority at the time the power was delegated); and

  (b)   continues in force despite any change in the membership of the Joint Authority.

  (5)   A certificate signed by a member of a Joint Authority stating any matter with respect to a delegation of a power under this section by the Joint Authority is prima facie evidence of that matter.

  (6)   Nothing in this Part   is intended to prevent the delegation by a Joint Authority, in accordance with the law of a State, of powers conferred on the Joint Authority by the law of that State.



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