Document ID: chunk:federal_register_of_legislation:F2024L00724:reg:65
Version: federal_register_of_legislation:F2024L00724
Segment Type: reg
Provision Reference: reg 65
Character Range: 68778–71581

65      Delegation and subdelegation of Council's functions under statutes etc.

       (1)    In this section:

       eligible entity means any of the following:

(a)    the Chancellor, Pro-Chancellor or Vice-Chancellor;

(b)    another Council member;

(c)    a member of staff of the University;

(d)    a body or other entity of the University;

(e)    a student of the University;

(f)    a person who holds an honorary, adjunct, visiting, seconded or emeritus position within the University;

(g)    a committee that includes any of the above.

       (2)    The Council may, in writing, delegate any or all of its functions under University legislation to an eligible entity.
[Note 1: The Council may also delegate certain functions and powers under the ANU Act (see ANU Act, sections 17 and 18).]
[Note 2: Function includes authority, duty and power (see Legislation Statute, dictionary).]

       (3)    If, under subsection (2), the Council delegates a function to an eligible entity:

(a)    the eligible entity may, in writing, subdelegate the function to another eligible entity if, under subsection (4), the function may be subdelegated; and

(b)    the function may, in writing, be further subdelegated by the other eligible entity to a different eligible entity (or successively further subdelegated to different eligible entities) if, under subsection (5), the function may be further subdelegated.

       (4)    For subsection (3)(a), the function may be subdelegated if:

(a)    the delegation states that the function is a function that may be subdelegated; and

(b)    the conditions, limitations or directions (if any) stated in the delegation for the subdelegation of the function are complied with.

       (5)    For subsection (3)(b), the function may be further subdelegated if:

(a)    the delegation states that the function is a function that may be further subdelegated; and

(b)    the conditions, limitations or directions (if any) stated in the delegation for the further subdelegation of the function are complied with.

       (6)    In exercising functions under a delegation or subdelegation under this section, the delegate or subdelegate must comply with the directions (if any) of the Council and, for a subdelegation, the subdelegator of the function.

       (7)    The following sections of the Acts Interpretation Act apply, with all necessary changes, in relation to a subdelegation in a corresponding way to the way in which they apply in relation to a delegation:

(a)    section 34AA (Delegation to persons holding, occupying or performing the duties of an office or position);

(b)    section 34AB (Effect of delegation);

(c)    section 34A (Exercise of powers and performance of functions or duties that depend upon the opinion etc. of delegates).