Commonwealth Numbered Acts

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 No. 127, 1984 - SECT 48

48. (1) The Minister may, either generally or as otherwise provided by the
instrument of delegation, by writing signed by the Minister, delegate, to the
Commission or a full-time member of the Commission all or any of the
Minister's powers under this Act, other than this power of delegation.

(2) The Commission may, by resolution, either generally or as otherwise
provided by the resolution, delegate to a full-time member of the Commission
all or any of its powers under this Act, other than this power of delegation.

(3) A power so delegated, when exercised by the delegate, shall, for the
purposes of this Act, be deemed to have been exercised by the Minister or the
Commission, as the case requires.

(4) A delegation of a power by the Minister under this section does not
prevent the exercise of the power by the Minister.

(5) A delegation of a power by the Commission under this section-

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

   (b)  does not prevent the exercise of the power by the Commission; and

   (c)  continues in force notwithstanding a change in the membership of the
        Commission.

(6) Where a provision of this Act confers a power upon the Minister to do any
act or thing after obtaining the advice of the Commission-

   (a)  the power may be delegated by the Minister to the Commission or a
        full-time member of the Commission under sub-section (1); and

   (b)  that provision has effect in relation to the exercise of the power by
        the Commission or the full-time member of the Commission, as the case
        may be, under such a delegation as if the requirement for obtaining
        the advice of the Commission were omitted.

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

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

(9) A document purporting to be a certificate mentioned in sub-section (8)
shall, unless the contrary is established, be deemed to be such a certificate
and to have been duly given.