Document ID: chunk:federal_register_of_legislation:C2024C00828:section:76l
Version: federal_register_of_legislation:C2024C00828
Segment Type: section
Provision Reference: s 76L
Character Range: 229057–231541

76L  Delegation by a Cross‑boundary Authority
 (1) A Cross‑boundary Authority for a State or the Northern Territory may, by written instrument, delegate any or all of the functions or powers of the Cross‑boundary Authority under this Act or the regulations to 2 persons together, each of whom is one of the following:
 (a) an APS employee who is an SES employee or acting SES employee;
 (b) an employee of the relevant State, or of the Northern Territory, as the case requires.
Note: The expressions APS employee, SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.
 (2) A delegation under this section:
 (a) must specify one person as representing the responsible Commonwealth Minister; and
 (b) must specify the other person as representing the responsible State Minister or responsible Northern Territory Minister of the Cross‑boundary Authority; and
 (c) must be signed by both members of the Cross‑boundary Authority.
Note: See also sections 34AA and 34AB of the Acts Interpretation Act 1901.
 (3) If the Cross‑boundary Authority delegates a function or power under this section, the delegation continues in force despite:
 (a) a vacancy in the office of responsible Commonwealth Minister; or
 (b) a change in the identity of the holder of the office of responsible Commonwealth Minister; or
 (c) a vacancy in the office of responsible State Minister or responsible Northern Territory Minister, as the case may be; or
 (d) a change in the identity of the holder of the office of responsible State Minister or responsible Northern Territory Minister, as the case may be.
 (4) Despite subsection (3), a delegation under this section may be revoked by the Cross‑boundary Authority in accordance with subsection 33(3) of the Acts Interpretation Act 1901.
 (5) If a delegation is made under this section, sections 76D and 76E do not apply to the delegates.
 (6) If the delegates are unable to agree on a matter requiring decision, they must refer the matter to the Cross‑boundary Authority.
 (7) In the application to the delegates of a provision of this Act containing a reference to the opinion or state of mind of the Cross‑boundary Authority, the reference is to be read as a reference to the opinion or state of mind of the 2 delegates of the Cross‑boundary Authority unless they disagree.
 (8) A referral under subsection (6) is not a legislative instrument.

Part 1.4—Application of State and Territory laws in offshore areas