Pearling Act 1990

After an arrangement for the management of a pearl oyster fishery has been made but before that arrangement takes effect, licences, permits, endorsements and other instruments may be issued, renewed, made or executed, and regulations may be made, for the purposes of the operation of this Act as affected by that arrangement, as if that arrangement had taken effect, but such a licence, permit, endorsement, instrument or regulation does not itself have effect before that arrangement takes effect.

Upon the termination of an arrangement for the management of a pearl oyster fishery, licences, permits, endorsements and other instruments issued, renewed, made or executed, and regulations made, for the purposes of the operation of this Act as affected by that arrangement cease to have effect.

After action for the purpose of the termination of an arrangement for the management of a pearl oyster fishery has been taken, but before that termination takes effect, licences, permits, endorsements and other instruments may be issued, renewed, made or executed, and regulations may be made, for the purposes of the operation of this Act as affected by the termination of that arrangement, as if that arrangement had been terminated, but such a licence, permit, endorsement, instrument or regulation does not have effect before the termination of that arrangement takes effect.

50. Delegation by Joint Authority etc.

A Joint Authority may, by instrument in writing, either generally or as otherwise provided by that instrument, delegate to a person any of its powers under this Act, other than this power of delegation or the power conferred by section 51.

Where a power delegated under subsection (1) is exercised by the delegate, that power shall, for the purposes of this Act, be deemed to have been exercised by the Joint Authority.

A delegation under this section may be expressed to be a delegation to the person from time to time holding, or performing the duties of, a specified office, including an office —

in the service of; or

in the service of an authority of; or

under the law of,

the Commonwealth or another State or a Territory.

A delegate of a Joint Authority shall, in the exercise of his or her delegated powers, comply with any directions given to him or her by the Joint Authority.

A delegation by a Joint Authority under this section —

may be revoked, by instrument in writing, by the Joint Authority (whether or not constituted by the persons constituting the Joint Authority at the time when the power was delegated); and

does not prevent the exercise of the power by the Joint Authority; and

continues in force notwithstanding any change in the membership of the Joint Authority.

Where, under this Act, the exercise of a power by a Joint Authority is dependent upon the opinion, belief or state of mind of the Joint Authority in relation to a matter and the power has been delegated in pursuance of this section, the power may be exercised by the delegate upon the opinion, belief or state of mind of the delegate in relation to that matter.

A certificate signed by a member of a Joint Authority and stating any matter with respect to a delegation under this section by the Joint Authority is evidence of that matter.

A document purporting to be a certificate referred to in subsection (7) shall, unless the contrary is established, be deemed to be such a certificate and to have been duly given.

Nothing in this Part prevents the delegation by a Joint Authority, in accordance with the law of the Commonwealth, of powers conferred on the Joint Authority by the law of the Commonwealth.