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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.