Commonwealth Consolidated Acts

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991 - SECT 150

             (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)  paragraphs 84(6)(a), (b) or (c) or 85(6)(a), (b) or (c); 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.