78Delegation by Agency

78 Delegation by Agency

(1) The Agency may, by resolution, either generally or as otherwise provided by the resolution, delegate to a person any of its powers or functions under this Act or any other enactment, other than this power of delegation. (2) A power or function so delegated, when exercised or performed by the delegate, shall be deemed to have been exercised by the Agency. (3) A delegation of a power or function under this section:

(a) may be revoked by a resolution of the Agency (whether or not constituted by the persons constituting the Agency at the time when the power or function was delegated);

(b) does not prevent the exercise of the power or the performance of the function by the Agency; and

(c) continues in force notwithstanding a change in the membership of the Agency.

(4) Without limiting the generality of subsection (1), the reference in that subsection to a function of the Agency under this Act includes a reference to the function of the Agency:

(a) to review a decision under Division 3;

(b) to investigate an action under Division 4; or

(c) to conduct an inquiry under Division 5.

(5) Section 34A of the Acts Interpretation Act 1901 applies in relation to a delegation under this section as if the Agency were a person.