South Australian Current Acts

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FISHERIES MANAGEMENT ACT 2007 - SECT 27

27—Delegation

        (1)         A Joint Authority may, by instrument in writing, either generally or otherwise, delegate to a person any of its powers under this Act other than this power of delegation.

        (2)         If a power delegated under subsection (1) is exercised by the delegate, the power will, for the purposes of this Act, be taken to have been exercised by the Joint Authority.

        (3)         A delegation under this section may be expressed as a delegation to the person from time to time holding, or performing the duties of, a specified office, including an office—

            (a)         in the service of; or

            (b)         in the service of an authority of; or

            (c)         under the law of,

the Commonwealth or another State of the Commonwealth.

        (4)         A delegate of a Joint Authority is, in the exercise of delegated powers, subject to the directions of the Joint Authority.

        (5)         A delegation under this section—

            (a)         may be revoked, by instrument in writing, by the Joint Authority (whether or not constituted by the persons constituting the Joint Authority at the time the power was delegated); and

            (b)         continues in force despite any change in the membership of the Joint Authority.

        (6)         A certificate signed by a member of a Joint Authority stating a matter with respect to a delegation under this section by the Joint Authority will, in the absence of proof to the contrary, be accepted as proof of the matter stated.

        (7)         In legal proceedings, an apparently genuine document purporting to be a certificate referred to in subsection (6) will, in the absence of proof to the contrary, be taken to be such a certificate and to have been duly given.

        (8)         Nothing in this Part is intended to prevent the delegation by a Joint Authority, in accordance with a law of the Commonwealth, of powers conferred on the Joint Authority by the law of the Commonwealth.



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