44Delegation

44 Delegation

(1) The Commission may, by resolution, either generally or as otherwise provided by the resolution:

(a) delegate to a full‑time member of the Commission or to the Universities Council established under section 19 of the Commonwealth Tertiary Education Commission Act 1977 all or any of its powers under section 4 or 41 in relation to building projects of universities or all or any of its powers under Part II;

(b) delegate to a full‑time member of the Commission or to the Advanced Education Council established under section 22 of the Commonwealth Tertiary Education Commission Act 1977 all or any of its powers under section 4 or 41 in relation to building projects of colleges of advanced education or all or any of its powers under Part III; and

(c) delegate to a full‑time member of the Commission or to the Technical and Further Education Council established under section 25 of the Commonwealth Tertiary Education Commission Act 1977 all or any of its powers under section 4 or 41 in relation to building projects of technical and further education institutions or all or any of its powers under Part IV.

(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Commission. (3) A delegation of a power under this section:

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

(b) does not prevent the exercise of the power by the Commission; and

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

(4) Section 34A of the Acts Interpretation Act 1901 applies in relation to a delegation under this section as if the Commission were a person. (5) A certificate signed by the Chairman stating any matter with respect to a delegation of a power under this section is prima facie evidence of that matter. (6) A document purporting to be a certificate mentioned in subsection (5) shall, unless the contrary is established, be deemed to be such a certificate and to have been duly given.