Document ID: chunk:federal_register_of_legislation:C2004A04677:body:0:p19
Version: federal_register_of_legislation:C2004A04677
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to that old Regional Council.

PART 16—AMENDMENTS RELATING TO THE DRAFT BUDGETS OF REGIONAL COUNCILS

Regional Councils to prepare draft budgets

41. Section 97 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection:

  "(2) In preparing a draft budget, the Regional Council must:

  (a) have regard to the regional plan for the region concerned; and

    (b) consider any guidelines given to it by the Commission under subsection 63(12).".

Application of amendments

42. The amendments made by this Part apply to a draft budget that a Regional Council starts preparing after 28 October 1993.

PART 17—AMENDMENT RELATING TO DELEGATIONS

Delegation to Chief Executive Officer, Director of Evaluation and Audit or staff member of Commission

43. Section 45 of the Principal Act is amended by adding at the end the following subsections:

Delegation to Director of Evaluation and Audit of powers relating to consultants

"(2) The Commission may, by writing under its seal, delegate to the Director of Evaluation and Audit any or all of its powers under section 56 (which deals with consultants).

Chief Executive Officer may sub-delegate function or power

"(3) If the Commission delegates a function or power to the Chief Executive Officer, he or she may, by writing, sub-delegate the function or power to a member of the staff of the Commission.

Delegation may prohibit sub-delegation

"(4) The Chief Executive Officer must not sub-delegate a function or power if the instrument of delegation prohibits the sub-delegation of that function or power.

Application of certain provisions of the Acts Interpretation Act 1901

"(5) Section 34AA and paragraphs 34AB(a), (b) and (d) of the Acts Interpretation Act 1901 apply in relation to a sub-delegation in a corresponding way to the way in which they apply to a delegation.

Application of certain provisions of the Acts Interpretation Act 1901

"(6) Section 34A and paragraphs 34AB(c) and (d) of the Acts Interpretation Act 1901 apply to a sub-delegation as if it were a delegation.".

PART 18—AMENDMENTS RELATING TO THE COMMISSION'S GENERAL FUNDING POWERS

Division 1—Commission's general funding powers

Repeal of sections and substitution of new sections

44. Sections 14 to 19 (inclusive) of the Principal Act are repealed and the following sections are substituted:

Commission may make grants and loans

   "14.(1) The Commission may:

  (a) make a grant of money; or

  (b) grant an interest in land; or

  (c) grant an interest in personal property; or

  (d) make a loan of money (whether secured or unsecured);

to:

  (e) an individual; or

  (f) a body corporate (other than a Regional Council or the TSRA); or

  (g) an unincorporated body;

for the purpose of furthering the social, economic or cultural development of Aboriginal persons or Torres Strait Islanders.