61Delegation

61 Delegation (1) A Joint Authority may, by instrument in writing, either generally or as otherwise provided by the instrument, delegate to a person a power under this Act other than this power of delegation. (2) Where a power delegated by a Joint Authority under subsection (1) is exercised by a delegate, the power shall, for the purposes of this Act, be deemed to have been exercised by the Joint Authority.

Fisheries Act 1988 75 (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; (b) in the service of an authority of; or (c) under a law of, the Commonwealth, the Territory, a State or another Territory. (4) A delegate of a Joint Authority is, when exercising delegated powers, subject to the directions of the Joint Authority. (5) A delegation under this section by a Joint Authority: (a) may be revoked, by instrument in writing, by a 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; and (c) continues in force notwithstanding a change in the membership of the Joint Authority. (6) Where, under this Act, the exercise of a power or performance of a function by a Joint Authority is dependent upon the opinion, belief or state of mind of the members of that Joint Authority in relation to a matter and that power or function has been delegated in pursuance of this section, that power may be exercised or that function may be performed by a delegate upon the opinion, belief or state of mind of the delegate in relation to that matter. (7) 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 is prima facie evidence of that matter. (8) A document purporting to be a certificate referred to in subsection (7) shall, unless the contrary is proved, be deemed to be such a certificate and to have been duly signed. (9) Nothing in this Part is intended to prevent a delegation by a Joint Authority, in accordance with the law of the Commonwealth, of powers conferred on the Joint Authority by that law of the Commonwealth.

Fisheries Act 1988 76