South Australian Current Acts South Australian Current Acts (1) The Trust may
delegate a function or power of the Trust under this Act (other than this
power of delegation) to any person or committee or other body (including a
person for the time being performing particular duties or holding or acting in
a specified position).
(2) A delegation under
this section—
(a) must
be by instrument in writing; and
(b) may
be absolute or conditional; and
(c) does
not derogate from the power of the delegator to act in a matter; and
(d) is
revocable at will.
(3) A function or
power delegated under this section may, if the instrument of delegation so
provides, be further delegated.
(4) A delegate must
not act pursuant to the delegation in any matter in which the delegate has a
direct or indirect pecuniary or personal interest.
Maximum penalty: $10 000 or imprisonment for 2 years.
(5) It is a defence to
a charge of an offence against subsection (4) to prove that the defendant
was, at the time of the alleged offence, unaware of his or her interest in the
matter.
(6) In legal
proceedings, an apparently genuine certificate, purportedly signed by the
Trust containing particulars of a delegation under this section, will, in the
absence of proof to the contrary, be accepted as proof that the delegation was
made in accordance with the particulars.