Document ID: chunk:federal_register_of_legislation:C2004A04677:schedule:4:p20
Version: federal_register_of_legislation:C2004A04677
Segment Type: schedule
Provision Reference: sch 4 (pt 20/31)
Character Range: 206871–209799

to enter into an agreement for the making of a grant or loan under section 16 to:

      (i) a State; or

      (ii) the Australian Capital Territory; or

      (iii) the Northern Territory; or

      (iv) an authority of a State or a Territory (including a local government body);".

4. Subsection 21(1):

  Omit "where a body", substitute "if.

5. Paragraph 21(1)(a):

  Omit the paragraph, substitute:

  "(a) both:

      (i) an individual or body has acquired an interest in land; and

      (ii) any of the following applies:

SCHEDULE 1—continued

            (A) the interest was acquired using money granted to the individual or body by the Commission under paragraph 14(1)(a);

            (B) the interest was acquired from the Commission under paragraph 14(1)(b);

            (C) the acquisition of the interest was financed by a loan that was guaranteed by the Commission under section 15; or".

6. Paragraph 21(1)(b):

  Before "has" insert "a body".

7. Subsections 21(2) and (3):

  Insert "individual or" before "body".

8. Paragraph 45(b):

  Omit the paragraph.

9. After section 45:

  Insert the following section in Division 5 of Part 2:

Delegation to Regional Council

Commission may delegate powers under section 14, 15 or 16

"45A.(1) The Commission may, by writing under its seal, delegate to a Regional Council any or all of its powers under section 14, 15 or 16.

Delegate subject to Commission's written directions

"(2) In the exercise of a power delegated by the Commission, the delegate is subject to the Commission's written directions (if any).

Commission Chairperson may suspend delegation

"(3) If the delegate contravenes a direction, the Commission Chairperson may, by written notice given to the delegate, suspend the delegation.

Length of suspension

"(4) The suspension remains in force for 3 months unless sooner terminated by the Commission.

SCHEDULE 1—continued

Subsection (3) does not limit Commission's power to revoke delegation

"(5) Subsection (3) does not, by implication, limit the Commission's power to revoke a delegation.

Suspensions to be notified in the Gazette

"(6) The Commission Chairperson must cause notice of the giving of a suspension to be published in the Gazette.

Delegations to be notified in the Gazette

"(7) The Commission Chairperson must cause notice of the making of a delegation to be published in the Gazette.

Directions to be notified in the Gazette

"(8) The Commission Chairperson must cause notice of the making of a direction to be published in the Gazette.

Copies of delegations etc. must be given to Regional Councils

"(9) Without limiting the operation of the Freedom of Information Act 1982, the Chief Executive Officer must ensure that copies of suspensions, delegations and directions as in force from time to time are:

  (a) given to each Regional Council; and

     (b) available for inspection and purchase at each office of