Commonwealth Consolidated Acts

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DEFENCE (VISITING FORCES) ACT 1963 - SECT 28

Delegation of powers and functions

  (1)   The Attorney - General may, in relation to a matter, or to a State, Territory or other part of Australia, delegate in writing all or any of the Attorney - General's powers and functions under this Act to an SES employee, or acting SES employee, in the Attorney - General's Department.

  (3)   Subject to subsection   ( 4), the Chief of the Defence Force may, in relation to a matter or class of matters, or to a State, Territory, or other part of Australia, another country or part of another country, by writing signed by him or her , delegate to an officer who holds a rank not below the rank of Captain in the Australian Navy, Colonel in the Australian Army or Group Captain in the Australian Air Force all or any of his or her powers or functions under this Act.

  (4)   The Chief of the Defence Force shall not delegate his or her power to make general orders for the purposes of subsection   ( 7) of section   8 except to an officer who holds a rank not below the rank of Rear - Admiral in the Australian Navy, Major - General in the Australian Army or Air Vice - Marshal in the Australian Air Force.

  (5)   A power or function delegated under this section may be exercised or performed by the delegate in accordance with the instrument of delegation.

  (6)   A delegation under this section is revocable at will and does not prevent the exercise of a power or the performance of a function by the Attorney - General or the Chief of the Defence Force, as the case may be.

  (7)   A delegation under this section continues in force notwithstanding a change in the occupancy or a vacancy in the office of Attorney - General or Chief of the Defence Force .

  (8)   A document purporting to be a copy of:

  (a)   a delegation signed by the Attorney - General or a written authority signed by the Attorney - General or a delegate of the Attorney - General; or

  (b)   a delegation by the Chief of the Defence Force, or an order or written authority made or given by the Chief of the Defence Force or by a delegate of the Chief of the Defence Force, and bearing the signature or a facsimile of the signature of the Chief of the Defence Force or of the delegate, as the case may be;

with an endorsement in writing that the delegation, order or written authority is, or was on a specified date, in force, is, upon its production in a court or otherwise for any purpose arising under this Act, without proof of the signature on the document or of the authority to give or make the delegation, order, written authority or endorsement, sufficient evidence, unless the contrary is proved, that the delegation, order or written authority was duly given or made in the terms set out in the document and is, or was on the date specified, in force.



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