76LDelegation by a Cross‑boundary Authority

76L Delegation by a Cross‑boundary Authority

(1) A Cross‑boundary Authority for a State or the Northern Territory may, by written instrument, delegate any or all of the functions or powers of the Cross‑boundary Authority under this Act or the regulations to 2 persons together, each of whom is one of the following: (a) an APS employee who is an SES employee or acting SES employee; (b) an employee of the relevant State, or of the Northern Territory, as the case requires.

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

(2) A delegation under this section: (a) must specify one person as representing the responsible Commonwealth Minister; and (b) must specify the other person as representing the responsible State Minister or responsible Northern Territory Minister of the Cross‑boundary Authority; and (c) must be signed by both members of the Cross‑boundary Authority.

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

(3) If the Cross‑boundary Authority delegates a function or power under this section, the delegation continues in force despite: (a) a vacancy in the office of responsible Commonwealth Minister; or (b) a change in the identity of the holder of the office of responsible Commonwealth Minister; or (c) a vacancy in the office of responsible State Minister or responsible Northern Territory Minister, as the case may be; or (d) a change in the identity of the holder of the office of responsible State Minister or responsible Northern Territory Minister, as the case may be. (4) Despite subsection (3), a delegation under this section may be revoked by the Cross‑boundary Authority in accordance with subsection 33(3) of the Acts Interpretation Act 1901. (5) If a delegation is made under this section, sections 76D and 76E do not apply to the delegates. (6) If the delegates are unable to agree on a matter requiring decision, they must refer the matter to the Cross‑boundary Authority. (7) In the application to the delegates of a provision of this Act containing a reference to the opinion or state of mind of the Cross‑boundary Authority, the reference is to be read as a reference to the opinion or state of mind of the 2 delegates of the Cross‑boundary Authority unless they disagree. (8) A referral under subsection (6) is not a legislative instrument.