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COMMONWEALTHAct
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s 199

Delegation by Authority

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Volume 1Parts 1 to 10A (sections 1 to 239W)
Part 9Murray‑Darling Basin Authority (administrative provisions)
Division 3Decision‑making and delegation by Authority
Subdivision CDelegation

199 Delegation by Authority

Delegation by Authority

(1)

The Authority may, by writing, delegate any or all of its functions and powers to:

(a)

an Authority member; or

(b)

an SES employee, or acting SES employee, who is a member of the Authority staff; or

(c)

any other member of the Authority staff; or

(d)

an individual whose services are made available to the Authority under section 207.

(2)

The Authority may, by writing, delegate any or all of its functions and powers to a person who holds, or acts in, an office or position:

(a)

with a State or an authority of a State; and

(b)

at a level equivalent to that of an SES employee;

if the State or authority agrees to the delegation.

(3)

A delegate under subsection (1) or (2) must comply with any written directions of the Authority.

Sub‑delegation by senior staff of a State or State authority

(4)

A person (the delegate) delegated a function or power under subsection (2) may, by writing, sub‑delegate that function or power to another officer or employee (the sub‑delegate) of the State or authority concerned.

(5)

A sub‑delegate must comply with any written directions of the delegate.

(6)

If the delegate is subject to a direction in relation to the performance of the function or the exercise of the power sub‑delegated under subsection (4), the delegate must give a corresponding direction to the sub‑delegate.

(7)

Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 apply to a sub‑delegation in the same way as they apply to a delegation.

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