Commonwealth Consolidated Acts

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FISHERIES ADMINISTRATION ACT 1991 - SECT 92

Delegation of functions and powers for which Commission is responsible

Delegation to the CEO

  (1)   The Commission may , in writing, delegate to the CEO any of the domestic fisheries management functions or powers of the Authority.

  (2)   The CEO, in performing a function or exercising a power delegated under subsection   ( 1), is subject to the directions of the Commission.

Sub - delegation by the CEO

  (3)   The CEO may, by signed writing, delegate to:

  (a)   an AFMA staff member; or

  (b)   a committee established by the Authority under section   54; or

  (c)   a person engaged as a consultant to the Authority; or

  (d)   a person engaged under contract to assist the Authority; or

  (e)   an officer within the meaning of the Fisheries Management Act 1991 or the Torres Strait Fisheries Act 1984 ; or

  (f)   a primary stakeholder in a fishery under a co - management arrangement for the fishery;

any of the functions or powers of the Authority that have been delegated to the CEO by the Commission.

  (4)   Subject to subsection   ( 5) of this section, sections   34AA, 34AB and 34A of the Acts Interpretation Act 1901 apply to a delegation under subsection   ( 3) of this section in a corresponding way to the way in which they apply to a delegation under subsection   ( 1) of this section.

  (5)   A function or power that is performed or exercised by a person under a delegation under subsection   ( 3) is taken, for the purposes of this Act, to have been exercised or performed by the Authority.

  (6)   A delegate of the CEO, in performing a function or exercising a power delegated under subsection   ( 3), is subject to the directions of the CEO.



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