Commonwealth Numbered Acts

TERTIARY EDUCATION COMMISSION ACT 1977 No. 25 of 1977 - SECT 42

42. (1) Where any Act in force at the time this Act comes into operation
authorizes the Minister administering that Act to delegate a power under that
Act to the Universities Commission, to the Commission on Advanced Education or
to a member of either of those Commissions, that Minister may, either
generally or as otherwise provided by the instrument of delegation, by writing
signed by him, delegate that power to the Tertiary Education Commission, to a
Council or to a full-time Commissioner.

(2) Where any Act in force at the time this Act comes into operation
authorizes the Universities Commission or the Commission on Advanced Education
to delegate a power under that Act that, by virtue of section 41 of this Act,
may be exercised by the Tertiary Education Commission, the Tertiary Education
Commission may, by resolution, either generally or as otherwise provided by
the resolution, delegate that power to a Council or to a full-time
Commissioner.

(3) A power of a Minister or of the Commission under an Act delegated under
this section, when exercised by the delegate, shall, for the purposes of that
Act, be deemed to have been exercised by the Minister or the Commission, as
the case may be.

(4) A delegation by a Minister or the Commission under this section does not
prevent the exercise of a power by the Minister or the Commission, as the case
may be.

(5) Section 34A of the Acts Interpretation Act 1901 applies in relation to a
delegation under sub-section (2) as if the Commission were a person.

(6) A certificate signed by the Chairman, or, if a person is acting as the
Chairman, that person so acting, stating any matter with respect to a
delegation of a power under this section is prima facie evidence of that
matter.

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