ABORIGINAL AFFAIRS PLANNING AUTHORITY ACT 1972 - SECT 9
ABORIGINAL AFFAIRS PLANNING AUTHORITY ACT 1972 - SECT 9
9 . Powers of delegation
(1) The Authority may
—
(a)
delegate to any officer of the Department, to a public authority or officer or
employee thereof, or to any other person or body specified in the instrument
of delegation, all or any of its powers and functions under this Act, and any
regulations, rules or by-laws made under this Act, other than this power of
delegation; and
(b) vary
or revoke a delegation.
(2) A power or
function delegated by the Authority may be exercised or performed by the
delegate —
(a) in
accordance with the instrument of delegation; and
(b) if
the exercise of the power or the performance of the function in relation to a
matter is dependent upon the opinion, belief, or state of mind of the
Authority — upon the opinion, belief, or state of mind of the delegate
in relation to that matter.
(3) A delegation under
this section does not prevent the exercise of a power or the performance of a
function by the Authority.
(4) A person who
purports to exercise a power or function pursuant to a delegation conferred
under the provisions of this section is presumed to do so in accordance with
the terms of the delegation in the absence of proof to the contrary.
[Section 9 amended: No. 113 of 1987 s. 32.]
[ 10. Deleted: No. 28 of 2006 s. 344.]