South Australian Current Acts

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EDUCATION AND EARLY CHILDHOOD SERVICES (REGISTRATION AND STANDARDS) ACT 2011 - SECT 20

20—Power of delegation

        (1)         The Minister may delegate a function or power under this Act (other than a prescribed function or power) to a specified body or person (including a person for the time being holding or acting in a specified office or position).

        (2)         A delegation under this section—

            (a)         must be by instrument in writing; and

            (b)         may be absolute or conditional; and

            (c)         does not derogate from the ability of the Minister to act in any matter; and

            (d)         is revocable at will.

        (3)         A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.

        (4)         A person to whom a function has been delegated under subsection (1) who has a direct or indirect personal or pecuniary interest in any matter in relation to which the person proposes to perform the functions must disclose the nature of the interest in writing to the Minister.

Maximum penalty: $20 000.

        (5)         It is a defence to a charge of an offence against subsection (4) for the defendant to prove that he or she was not, at the time of the alleged offence, aware of his or her interest in the matter.



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