Document ID: chunk:federal_register_of_legislation:C2004A03448:body:0:p4
Version: federal_register_of_legislation:C2004A03448
Segment Type: other
Provision Reference: 
Character Range: 8514–11081

for the time being occupying or performing the duties of a position in the public service of the State of Victoria, being a position specified in the instrument by which the authority is given.
"(4) Any act or thing done in the exercise of a power by a person to whom that power has been delegated by the Minister under subsection (1) or by a person authorised by a delegate of the Minister under subsection (2) to exercise that power has the same force and effect as if it had been done by the Minister.
"(5) Where the exercise of a power by the Minister is dependent upon the opinion, belief or state of mind of the Minister in relation to a matter and that power has been delegated under subsection (1), that power may be performed or exercised by the delegate or by a person authorised by the delegate under subsection (2) upon the opinion, belief or state of mind of the delegate or of the authorised person, as the case may be, in relation to that matter.
"(6) A delegation under subsection (1) does not prevent the exercise of a power by the Minister.

"(7) The giving of an authority under subsection (2) does not prevent the exercise of a power by the person by whom the authority was given.
"(8) Where a person purports to exercise a power conferred or expressed to be conferred on the Minister by this Act, it shall be presumed, unless the contrary is established, that the person is duly authorised by a delegation under subsection (1), or by an authority under subsection (2) given pursuant to such a delegation, to exercise the power.
"Division 2—Preservation of Victorian Aboriginal Cultural Property

Emergency declaration of preservation
"21c. (1) An. emergency declaration in the prescribed form may be made in relation to an Aboriginal place or Aboriginal object:
     (a) by:
          (i) an inspector appointed under section 21r; or
          (ii) the Minister;
      whether after an application is made to him or her by a local Aboriginal community or any person or on his or her own motion; or
     (b) by a magistrate on an application by a local Aboriginal community;
if the inspector, Minister or magistrate has reasonable grounds for believing that the place or object is under threat of injury or desecration of such a nature that it could not properly be protected unless an emergency declaration is made.
"(2) An emergency declaration ceases to be in force at the end of 30 days after it is made or such longer period, not exceeding 44 days, after it is made as the Minister fixes in any case unless it is sooner revoked or replaced by