82Delegation

#### 82 Delegation (1) The Minister may, in writing, delegate to the CEO all or any of the Minister’s powers or functions under section 42 in relation to members of the Council (including the Chair). (1A) The Minister may delegate to the CEO or to a member of the staff of the NHMRC the power of the Minister to deal with any money: (a) held by the Minister on trust for the purposes of the Account; or (b) accepted by the Minister for the purposes of the Account subject to a condition; in accordance with the obligations of the Minister as trustee of the trust or as the person who has accepted the money subject to the condition, as the case may be. (1B) However, the Minister must not delegate the power if doing so would be inconsistent with the terms of the trust or with the condition. (1C) The CEO may delegate all or any of his or her powers or functions to: (a) the Council; or (b) a committee (other than the Embryo Research Licensing Committee of the NHMRC); or (c) a member of the staff of the NHMRC. (2) The Council may delegate all or any of the Council’s powers or functions (including a power or function delegated to it by the CEO) to: (a) the Chair of the Council; or (b) a committee (other than the Embryo Research Licensing Committee of the NHMRC). (3) A Principal Committee may delegate to a working committee all or any of the Principal Committee’s powers or functions (including a power or function delegated to it by the CEO or the Council). (4) A delegate must exercise a power delegated by the Minister, the CEO, the Council or a Principal Committee in accordance with any directions of the Minister, the CEO, the Council or the Principal Committee, as the case requires. (4A) In the case of a delegation under subsection (1A), the Minister must not issue a direction that would be inconsistent with the terms of the trust, or with the condition, mentioned in that subsection. (5) A delegation by the Council or by a Principal Committee continues in force despite a change in membership of the Council or Principal Committee, as the case requires.