Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A Cross - boundary Authority for a State or the Northern Territory may, by written instrument, delegate any or all of the functions or powers of the Cross - boundary Authority under this Act or the regulations to 2 persons together, each of whom is one of the following:
(a) an APS employee who is an SES employee or acting SES employee;
(b) an employee of the relevant State, or of the Northern Territory, as the case requires.
Note: The expressions APS employee , SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901 .
(2) A delegation under this section:
(a) must specify one person as representing the responsible Commonwealth Minister; and
(b) must specify the other person as representing the responsible State Minister or responsible Northern Territory Minister of the Cross - boundary Authority; and
(c) must be signed by both members of the Cross - boundary Authority.
Note: See also sections 34AA and 34AB of the Acts Interpretation Act 1901 .
(3) If the Cross - boundary Authority delegates a function or power under this section, the delegation continues in force despite:
(a) a vacancy in the office of responsible Commonwealth Minister; or
(b) a change in the identity of the holder of the office of responsible Commonwealth Minister; or
(c) a vacancy in the office of responsible State Minister or responsible Northern Territory Minister, as the case may be; or
(d) a change in the identity of the holder of the office of responsible State Minister or responsible Northern Territory Minister, as the case may be.
(4) Despite subsection (3), a delegation under this section may be revoked by the Cross - boundary Authority in accordance with subsection 33(3) of the Acts Interpretation Act 1901 .
(5) If a delegation is made under this section, sections 76D and 76E do not apply to the delegates.
(6) If the delegates are unable to agree on a matter requiring decision, they must refer the matter to the Cross - boundary Authority.
(7) In the application to the delegates of a provision of this Act containing a reference to the opinion or state of mind of the Cross - boundary Authority, the reference is to be read as a reference to the opinion or state of mind of the 2 delegates of the Cross - boundary Authority unless they disagree.
(8) A referral under subsection (6) is not a legislative instrument.