Commonwealth Consolidated Acts

AUSTRALIAN WAR MEMORIAL ACT 1980 - SECT 19

(1)

Subject to this section, the Council may, by resolution, either generally or as otherwise provided by the resolution, delegate all or any of its powers under this Act (except this power of delegation) to a member of the Council, to the Director or to a member of the staff of the Memorial.

(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 Council.

(3)

A delegate is, in the exercise of a power so delegated, subject to the directions of the Council.

(4)

A delegation of a power under this section:

(a)

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

(b)

does not prevent the exercise of the power by the Council; and

(c)

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

(5)

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

(6)

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

(7)

A document purporting to be a certificate mentioned in subsection (6) shall, unless the contrary is established, be deemed to be such a certificate and to have been duly given.