Commonwealth Consolidated Acts

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AUSTRALIAN FILM, TELEVISION AND RADIO SCHOOL ACT 1973 - SECT 12

Delegation by Council

  (1)   Subject to any direction of the Minister, the Council may, by resolution, either generally or as otherwise provided by the resolution, delegate to a member of the Council, a committee of the Council or a member of the staff of the School any of its powers under this Act, other than this power of delegation.

  (2)   A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Council.

  (3)   A delegation of a power under this section:

  (a)   may be revoked by resolution of the Council (whether or not constituted by the persons constituting the Council at the time the power was delegated);

  (b)   does not prevent the exercise of the power by the Council; and

  (c)   continues in force notwithstanding a change in the membership of the Council.

  (4)   Section   34A of the Acts Interpretation Act 1901 applies in relation to a delegation under this section as if the Council were a person.

  (5)   A certificate signed by the Chair of the Council stating any matter with respect to a delegation of a power under this section is prima facie evidence of that matter.

  (6)   A document purporting to be a certificate mentioned in subsection   ( 5) shall, unless the contrary is established, be deemed to be such a certificate and to have been duly given.



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