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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.]