FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991 - SECT 150 Delegation by Board
FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991 - SECT 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.
"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.