68Delegation by Joint Authority for an external Territory

68 Delegation by Joint Authority for an external Territory

(1) The Joint Authority for the offshore area of any of the following external Territories: (a) Norfolk Island; (b) the Territory of Christmas Island; (c) the Territory of Cocos (Keeling) Islands; (d) the Territory of Ashmore and Cartier Islands; (e) the Territory of Heard Island and McDonald Islands; may, by written instrument, delegate to a person any or all of the functions or powers of the Joint Authority under this Act or the regulations.

Note: See also sections 34AA and 34AB of the Acts Interpretation Act 1901.

(2) If the Joint Authority delegates a function or power under this section, the delegation continues in force despite: (a) a vacancy in the office of Joint Authority; or (b) a change in the identity of the holder of the office of Joint Authority. (3) Despite subsection (2), a delegation under this section may be revoked by the Joint Authority in accordance with subsection 33(3) of the Acts Interpretation Act 1901. (4) A copy of each instrument making, varying or revoking a delegation under this section must be published in the Gazette. (5) A Joint Authority may delegate a function or power to an APS employee only if the APS employee is an SES employee or acting SES employee.

Note: The expressions APS employee, SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.