8HDelegation—other than Greater Sunrise Off‑shore Petroleum Joint Authority

#### 8H Delegation—other than Greater Sunrise Off‑shore Petroleum Joint Authority (1A) This section only applies in respect of a Joint Authority consisting of 2 members. (1) Subject to this section, a Joint Authority may, by instrument in writing, delegate its powers under this Act, or under an Act that incorporates this Act, to two 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 a State, or of the Northern Territory. > Note 1: The expressions APS employee, SES employee and acting SES employee are defined in section 17AA of the Acts Interpretation Act 1901. > Note 2: See also sections 34AA and 34AB of the Acts Interpretation Act 1901. (2) An instrument of delegation under this section: (a) must specify one person as representing the Commonwealth Minister; and (b) must specify the other person as representing the State Minister or Northern Territory Minister of the Joint Authority; and (c) must be signed by both members of the Joint Authority. (2A) Subject to subsection (1), and without limiting subsection (2), the delegation may be made to any person from time to time holding, occupying or performing the duties of a specified office or position. (3) Where a delegation is made under this section, subsections 8D(2) and (3) do not apply. (4) Where the delegates are unable to agree on a matter requiring decision, they must refer the matter to the Joint Authority. (5) In the application to the delegates of a provision of this Act containing a reference to the opinion or state of mind of the Joint Authority, the reference is to be read as a reference to the opinion or state of mind of the two delegates of the Joint Authority unless they disagree.