Commonwealth Numbered Acts

TORRES STRAIT FISHERIES ACT 1984 NO. 23 OF 1984 - SECT. 9.

9. (1) Subject to this section, the Minister may, either generally or as
otherwise provided by the instrument of delegation, by writing signed by him,
delegate to a person any of his powers or functions under this Act, other than
this power of delegation or his powers under sub-section 3 (3) or section 14,
16 or 17.

(2) A power or function delegated under sub-section (1), when exercised or
performed by the delegate, shall, for the purposes of this Act, be deemed to
have been exercised or performed by the Minister.

(3) A delegation under sub-section (1) may be expressed as a delegation to the
person from time to time holding, or performing the duties of, a specified
office in the Department or a specified office in the service of, in the
service of an authority of, or under the law of, Queensland.

(4) A delegation under sub-section (1) does not prevent the exercise of a
power or the performance of a function by the Minister.

(5) A delegate is, in the exercise of a power or performance of a function
delegated to him, subject to the directions of the Minister.

(6) The Minister shall not delegate to a person other than the Secretary-

   (a)  any of his powers or functions relating to the suspension of licences
        granted under this Act;

   (b)  any of his powers or functions relating to the revocation or
        suspension of entries made in licences granted under this Act or in
        Treaty endorsements; or

   (c)  any of his powers or functions under sub-section 12 (4), 19 (4), 20
        (3) or (4), 26 (4), 52 (3) or 56 (2).

(7) The Minister shall not delegate to a person other than a person holding,
or performing the duties of, an office in the Department-

   (a)  any of his powers or functions relating to-

        (i)    the grant of a licence under this Act; or

        (ii)   the transfer or renewal of, or the making of an entry in, a
               licence granted under this Act,

in respect of a foreign boat or a person who is neither an Australian citizen
nor a citizen of Papua New Guinea;

   (b)  his power to grant a Treaty endorsement or to make an entry in a
        Treaty endorsement;

   (c)  his power to grant a licence under sub-section 19 (3) or to transfer,
        renew or make an entry in a licence so granted;

   (d)  his power to vary an entry made in a licence granted under this Act in
        respect of a foreign boat or in a Treaty endorsement;

   (e)  his power to authorize persons to perform duties under this Act in
        pursuance of sub-section 3 (4); or

   (f)  his power to grant a permit under sub-section 12 (1).