Food Standards Australia New Zealand Act 1991
150Delegation by Board
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150 Delegation by Board
(1) The Board may, by resolution, delegate to a member of the Board, or to a senior member of the staff of the Authority, all or any of its powers under this Act, other than its powers to act on behalf of the Authority under: (a) paragraph 33(1)(a); or (b) subsection 35(1); or (c) paragraph 41(2)(a); or (d) paragraph 52(1)(a); or (e) paragraph 63(1)(a); or (f) subsection 65(1); or (g) paragraph 69(2)(a); or (h) paragraph 78(1)(a); or (i) subsection 87(2); or (j) subsection 97(1); or (k) subsection 101(1); or (l) subsection 104(2). (2) A delegation of a power under this section: (a) may be revoked by resolution of the Board (whether or not constituted by the persons constituting the Board at the time when the power was delegated); and (b) continues in force notwithstanding a change in the membership of the Board. (3) Section 34A of the Acts Interpretation Act 1901 applies in relation to a delegation under this section as if the Board were a person. (4) A certificate signed by the Chairperson of the Board stating any matter with respect to a delegation of a power under this section is prima facie evidence of that matter. (5) A document purporting to be a certificate mentioned in subsection (4) is, unless the contrary is established, taken to be such a certificate and to have been duly given. (6) A delegate under this section is, in the exercise of a power delegated under this section, subject to any directions given by the Board. (7) In this section:
senior member of the staff of the Authority means:
(a) a person who holds or performs the duties of a Senior Executive Service position in the Authority; or
(b) a person who holds or performs the duties of an APS Executive Level 2 position, or an equivalent position, in the Authority.