Victorian Consolidated Legislation

Fisheries Act 1995 - SECT 16

Delegation

16. Delegation



(1) A Joint Authority may, by instrument in writing, either generally or as
otherwise provided by the instrument, delegate to a person any of its powers
under this Part other than this power of delegation.

(2) If a power delegated under subsection (1) is exercised by the delegate the
power is, for the purposes of this Act, deemed to have been exercised by the
Joint Authority.

(3) A delegation under this section may be expressed to be a delegation to the
person from time to time holding or performing the duties of a specified
office including an office-

   (a)  in the service of; or

   (b)  in the service of an Authority of; or

   (c)  under the law of-

the Commonwealth, another State or a Territory of the Commonwealth.

(4) A delegate of a Joint Authority is, in the exercise of delegated powers,
subject to the directions of the Joint Authority.

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

   (a)  may be revoked by instrument in writing by the Joint Authority
        (whether or not constituted by the persons constituting the Joint
        Authority at the time the power was delegated);

   (b)  does not prevent the exercise of the power by the Joint Authority;

   (c)  continues in force notwithstanding any change in the membership of the
        Joint Authority.

(6) A certificate signed by a member of a Joint Authority stating any matter
with respect to a delegation under this section by the Joint Authority is
evidence of that matter.

(7) A document purporting to be a certificate referred to in subsection (6)
is, in the absence of evidence to the contrary, deemed to be such a
certificate and to have been duly given.

(8) Nothing in this Part prevents the delegation by a Joint Authority, in
accordance with a law of the Commonwealth, of powers conferred on the Joint
Authority by the law of the Commonwealth.