Commonwealth Numbered Acts

REFERENDUM (MACHINERY PROVISIONS) ACT 1984 No. 44, 1984 - SECT 137

PART XI-MISCELLANEOUS

137. (1) The Electoral Commission may, by resolution, either generally or as
otherwise provided by the resolution, delegate to the Electoral Commissioner,
the Deputy Electoral Commissioner, an Australian Electoral Officer, an officer
or a member of the staff of the Electoral Commission all or any of its powers
under this Act, other than this power of delegation.

(2) A power so delegated, when exercised by the delegate, shall, for the
purposes of this Act, be deemed to have been exercised by the Electoral
Commission.

(3) A delegation of a power under this section-

   (a)  may be revoked by resolution of the Electoral Commission (whether or
        not constituted by the persons constituting the Electoral Commission
        at the time when the power was delegated);

   (b)  does not prevent the exercise of the power by the
        Electoral Commission; and

   (c)  continues in force notwithstanding a change in the membership of the
        Electoral Commission.

(4) Section 34A of the Acts Interpretation Act 1901 applies in relation to a
delegation under this section as if the Commission were a person.

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

(6) A document purporting to be a certificate mentioned in sub-section (5)
shall, unless the contrary is established, be deemed to be such a certificate
and to have been duly given.