Fisheries Management Act 1994
132Delegation
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132 Delegation
132 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 Act 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, 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, another State or a Territory of the Commonwealth.
(4) A delegate of a Joint Authority is, in the exercise of the 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), and
(b) does not prevent the exercise of the power by the Joint Authority, and
(c) 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 any matters 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, unless the contrary is established, 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 the law of the Commonwealth, of powers conferred on the Joint Authority by that law.