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FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991 - SECT 150

Delegation by Board

  (1)   The Board may, by resolution, delegate to a member of the Board, or to a senior member of the staff of the Authority, all or any of its powers under this Act, other than its powers to act on behalf of the Authority under:

  (a)   paragraph   33(1)(a); or

  (b)   subsection   35(1); or

  (c)   paragraph   41(2)(a); or

  (d)   paragraph   52(1)(a); or

  (e)   paragraph   63(1)(a); or

  (f)   subsection   65(1); or

  (g)   paragraph   69(2)(a); or

  (h)   paragraph   78(1)(a); or

  (i)   subsection   87(2); or

  (j)   subsection   97(1); or

  (k)   subsection   101(1); or

  (l)   subsection   104(2).

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

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

  (b)   continues in force notwithstanding a change in the membership of the Board.

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

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

  (5)   A document purporting to be a certificate mentioned in subsection   (4) is, unless the contrary is established, taken to be such a certificate and to have been duly given.

  (6)   A delegate under this section is, in the exercise of a power delegated under this section, subject to any directions given by the Board.

  (7)   In this section:

"senior member of the staff of the Authority" means:

  (a)   a person who holds or performs the duties of a Senior Executive Service position in the Authority; or

  (b)   a person who holds or performs the duties of an APS Executive Level 2 position, or an equivalent position, in the Authority.



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