Victorian Current Acts

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FISHERIES ACT 1995 - SECT 16

Delegation

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

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

    (3)     A delegation under this section may be expressed to be 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, another State or a Territory 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 of a power 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);

        (b)     does not prevent the exercise of the power by the Joint Authority;

        (c)     continues in force notwithstanding any change in the membership of the Joint Authority.

    (6)     A certificate signed by a member of a Joint Authority stating any matter with respect to a delegation under this section by the Joint Authority is evidence of that matter.

    (7)     A document purporting to be a certificate referred to in subsection (6) is, in the absence of evidence to the contrary, deemed to be such a certificate and to have been duly given.

    (8)     Nothing in this Part prevents 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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