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COMMONWEALTHAct
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s 150

Delegation by Board

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Part 6Miscellaneous

150 Delegation by Board

(1)

The Board may, by resolution, delegate to a member of the Board, or to a senior member of the staff of the Authority, all or any of its powers under this Act, other than its powers to act on behalf of the Authority under:

(a)

paragraph 33(1)(a); or

(b)

subsection 35(1); or

(c)

paragraph 41(2)(a); or

(d)

paragraph 52(1)(a); or

(e)

paragraph 63(1)(a); or

(f)

subsection 65(1); or

(g)

paragraph 69(2)(a); or

(h)

paragraph 78(1)(a); or

(i)

subsection 87(2); or

(j)

subsection 97(1); or

(k)

subsection 101(1); or

(l)

subsection 104(2).

(2)

A delegation of a power under this section:

(a)

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

(b)

continues in force notwithstanding a change in the membership of the Board.

(3)

Section 34A of the Acts Interpretation Act 1901 applies in relation to a delegation under this section as if the Board were a person.

(4)

A certificate signed by the Chairperson of the Board stating any matter with respect to a delegation of a power under this section is prima facie evidence of that matter.

(5)

A document purporting to be a certificate mentioned in subsection (4) is, unless the contrary is established, taken to be such a certificate and to have been duly given.

(6)

A delegate under this section is, in the exercise of a power delegated under this section, subject to any directions given by the Board.

(7)

In this section:

senior member of the staff of the Authority means:

(a)

a person who holds or performs the duties of a Senior Executive Service position in the Authority; or

(b)

a person who holds or performs the duties of an APS Executive Level 2 position, or an equivalent position, in the Authority.

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