Commonwealth Numbered Acts

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STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1978 No. 188, 1978 - SECT 34

Delegation
34. (1) The Commission may, by resolution, either generally or as otherwise
provided by the resolution-

   (a)  delegate to a full-time member of the Commission or to the
        Universities Council established under section 19 of the
        Tertiary Education Commission Act  1977 any of its powers under
        section 4 or 31 in relation to building projects of universities or
        any of its powers under Part II;

   (b)  delegate to a full-time member of the Commission or to the Advanced
        Education Council established under section 22 of the
        Tertiary Education  Commission Act 1977 any of its powers under
        section 4 or 31 in relation to building projects or design projects of
        colleges of advanced education or any of its powers under Part III;
        and

   (c)  delegate to a full-time member of the Commission or to the Technical
        and Further Education Council established under section 25 of the
        Tertiary  Education Commission Act 1977 any of its powers under
        section 4 or 31 in relation to building projects of
        technical and further education institutions or any of its powers
        under Part IV.

(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 Commission.

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

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

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

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


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