FINANCIAL MANAGEMENT ACT 2006 - SECT 77
FINANCIAL MANAGEMENT ACT 2006 - SECT 77
77 . Delegations and authorisations, general provisions about
(1) A delegation under
this Division or an authorisation under section 76(2) is to be in writing
signed by the person making the delegation or giving the authorisation.
(2) A person
exercising or performing a power or duty —
(a) that
has been delegated to the person under this Division; or
(b) that
the person is authorised to exercise or perform under section 76(2),
is taken to do so in
accordance with the terms of the delegation or authorisation unless the
contrary is shown.
(3) A person (the
delegate ) exercising or performing a power or duty —
(a) that
has been delegated to the delegate under this Division; or
(b) that
the delegate is authorised to exercise or perform under section 76(2),
is to do so in
accordance with any directions given to the delegate by the person —
(c) who
delegated the power or duty to the delegate; or
(d) who
authorised the delegate to exercise or perform the power or duty.
(4) The
Interpretation Act 1984 sections 58 and 59 apply to an authorisation under
section 76(2) in the same way as they apply to a delegation.
(5) Unless the
contrary is proved, it is to be presumed that a document purporting to have
been signed by a delegate of the Treasurer, a Minister or the Under Treasurer,
or by a person authorised by the Under Treasurer under section 76(2), was
signed by a person who at the time —
(a) was
such a delegate or was so authorised; and
(b) was
authorised to sign it.
(6) Nothing in this
Division limits the ability of the Treasurer, a Minister or the Under
Treasurer to perform a function through an officer or agent.