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Wednesday, 1 November 1967

In Committee

Clauses 1 to 14 - by leave - taken together, and agreed to.

Clause 15. (1.) The Governor-General may make an arrangement with the Governor of a State with respect to one or more of the following matters: -

(a)   the exercise of the powers and the performance of the functions of the Designated Authority under this Act (including the Acts with which this Act is incorporated) and the regulations in respect of the adjacent area by the person for the time being holding a specified office of the State;

(b)   the exercise of those powers and the performance of those functions by a person for the time being performing the duties, or acting for or on behalf of the holder, of that specified office;

(c)   the delegation to a person holding office in the State of all or any of those powers or functions (except the power of delegation), either generally or otherwise as provided in the arrangement -

(i)   by the person for the time being holding that specified office; and

(ii)   by a person for the time being performing the duties, or acting for or on behalf of the holder, of that specified office; and

(d)   the exercise of powers and the performance of functions by a delegate in accordance with the instrument of delegation. (4.) While an arrangement under sub-section (1.) of this section, or an arrangement under that sub-section as varied under the last preceding sub-section, is in force, the person for the time being holding, or, if the arrangement so provides, a person for the time being performing the duties of, or acting for or on behalf of the holder of, the office specified in the arrangement -

(a)   is the Designated Authority in respect of the adjacent area specified in the arrangement; and

(b)   may, in accordance with the arrangement -

(i)   delegate all or any of the powers or functions of the Designated Authority under this Act (including the Acts with which this Act is incorporated) or the regulations (except the power of delegation); and

(ii)   vary or revoke a delegation given by him. (5.) While an arrangement under sub-section (1.) of this section, or an arrangement under that sub-section as varied under sub-section (3.) of this section, is in force, a power or function delegated in accordance with the arrangement may be exercised or performed by the delegate -

(a)   in accordance with the instrument of delegation; and

(b)   if the exercise of the power or the performance of the function is dependent upon the opinion, belief or state of mind of the Designated Authority in relation to a matter - upon the opinion, belief or state of mind of the delegate in relation to that matter. (6.) A delegation under this section does not prevent the exercise of a power or the performance of a, function by the person who gave the delegation. (7.) A copy of:

(a)   each instrument by which an arrangement under this section is made, varied or revoked; and

(b)   each instrument making, varying or revoking a delegation under this section, shall be published in the Gazette.







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