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EDUCATION AND TRAINING REFORM ACT 2006 - SECT 5.2.9A

Delegation of Minister's powers

S. 5.2.9A(1) amended by No. 76/2013 s. 11.

    (1)     The Minister, by instrument, may delegate to all the directors of the board of a TAFE institute or all the members of the council of a dual sector university any power or function under Division 2 of Part 5.4.

S. 5.2.9A(2) amended by No. 76/2013 s. 11.

    (2)     If a power or function has been delegated to all the directors of the board of a TAFE institute or all the members of the council of a dual sector university under subsection (1), the directors of that board or the members of that council may delegate the power or function to—

        (a)     any person holding office under this Act or any person employed under this Act or involved in the administration of this Act; and

        (b)     in the case of the directors of the board of a TAFE institute, any person employed by the TAFE institute under Part 3.1; and

S. 5.2.9A(2)(c) amended by No. 76/2013 s. 11.

        (c)     in the case of a dual sector university, any person employed on the staff of the university—

if the original instrument of delegation of that power or function authorised the making of a further delegation.

    (3)     An original instrument of delegation may specify any terms, conditions, limitations or restrictions on the making of a further delegation.

    (4)     Sections 42 and 42A of the Interpretation of Legislation Act 1984 apply to a sub-delegation authorised by subsection (2) in the same way as they apply to a delegation.



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