South Australian Consolidated Acts South Australian Consolidated Acts (1) The Minister,
the Advisory Committee, the Development Assessment Commission or another
authority established under this Act, or a council, may delegate a power or
function vested or conferred under this Act.
(2) A
delegation—
(a) may
be made—
(i)
to a particular person or body; or
(ii)
to the person for the time being occupying a particular
office or position; or
(iii)
to a subsidiary established under the Local Government
Act 1999 ; and
(b) must
in prescribed circumstances be made to a committee or subcommittee of
the Advisory Committee or Development Assessment Commission established by the
regulations; and
(c) may
be made subject to conditions and limitations specified in the instrument of
appointment; and
(d)
subject to any other provision of this Act or the regulations, is revocable at
will and does not derogate from the power of the delegator to act in a matter;
and
(e) in
the case of a delegation by the Advisory Committee, the Development
Assessment Commission or another authority under this Act—may continue
despite a vacancy in the membership of the body.
(3) A power or
function delegated under this section may, if the instrument of delegation so
provides, be further delegated.
(4) Subject to
subsection (7), a delegate must not act in any matter pursuant to the
delegation in which the delegate has a direct or indirect private interest.
Penalty: Division 5 fine or division 5 imprisonment.
(5) It is a defence to
a charge of an offence against subsection (4) to provide that the
defendant was, at the time of the alleged offence, unaware of his or her
interest in the matter.
(6) In
subsection (4)—
"delegate" includes a member of a body to which a power or function has been
delegated.
(7) Where a delegation
is made—
(a) to a
council, or to a body of which a member, officer or employee of a council is a
member; or
(b) by a
council to an officer or employee of the council, or to a body of which a
member, officer or employee of the council is a member,
Chapter 5 Part 4 Division 3 and Chapter 7 Part 4 Division 3 of the Local
Government Act 1999 apply in respect of any conflict of interest
involving a member, officer or employee of the council (in his or her capacity
as such) to the exclusion of subsection (4).
(8) Notice of a
delegation under this section must, in prescribed circumstances, be given in
the Gazette.
(9) In any legal
proceedings an apparently genuine certificate, purportedly signed by the
delegator, containing particulars of a delegation under this section will, in
the absence of proof to the contrary, be accepted as proof that the delegation
was made in accordance with the particulars.