Document ID: chunk:federal_register_of_legislation:C2008A00036:clause:1_92
Version: federal_register_of_legislation:C2008A00036
Segment Type: clause
Provision Reference: sch 1 cl 92
Character Range: 31925–33485

92  Delegation of functions and powers for which Commission is responsible

Delegation to the CEO

 (1) The Commission may, by writing under the seal of the Authority, 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;
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.