South Australian Consolidated Acts

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EDUCATION ACT 1972 - SECT 13

13—Power of delegation etc

        (1)         The Director-General may, with the consent of the Minister, delegate to a body or person (including a person for the time being holding or acting in a specified office or position) a function or power of the Director-General under this Act.

        (2)         A delegation under this section—

            (a)         must be by instrument in writing; and

            (b)         may be absolute or conditional; and

            (c)         does not derogate from the ability of the Director-General to act in any matter; and

            (d)         is revocable at will.

        (3)         A person to whom functions or powers have been delegated under subsection (1) who has a direct or indirect personal or pecuniary interest in any matter in relation to which the person proposes to perform those functions or exercise those powers must disclose the nature of the interest in writing to the Director-General.

Maximum penalty: $20 000.

        (4)         It is a defence to a charge of an offence against subsection (3) to prove that the defendant was not, at the time of the alleged offence, aware of his or her interest in the matter.

        (5)         If the Director-General is absent from the duties of his or her office for any reason, a Deputy Director-General will act in the office of the Director-General and will exercise and perform the functions and powers of the Director-General.



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