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Forest and Rural Fires Act 1977  052
Commenced: 1 Apr 1979
3A   Delegation of powers by Minister of Forestry




   [3A. Delegation of powers by Minister of Forestry---(1) The Minister
 of Forestry may from time to time, by writing under the Minister's hand,
 either generally or particularly delegate to the Secretary of Forestry
 or to any officer or employee of the Ministry of Forestry all or any of
 the Minister's powers under this Act, but not the power to delegate
 under this section.

   (2) Subject to any general or special directions given or conditions
 attached by the Minister, the Secretary of Forestry or any officer or
 employee of the Ministry of Forestry may exercise any powers delegated
 pursuant to subsection (1) of this section in the same manner and with
 the same effect as if they had been conferred directly by this section
 and not by delegation.

   (3) Any delegation under this section may be made to a specified
 officer or employee, or to officers or employees of a specified class,
 or may be made to the holder or holders for the  time being of a
 specified office or class of office.

   (4) Every person purporting to act pursuant to any delegation made
 under this section shall, in the absence of proof to the contrary, be
 presumed to be acting in accordance with the terms of the delegation;
 and in any case of doubt the Minister may ratify the action of the
 Secretary of Forestry or any officer or employee of the Ministry.

   (5) Any delegation made under this section shall be revocable at will,
 and no such delegation shall prevent the exercise of any power by the
 Minister.

   (6) Unless and until any such delegation is revoked, it shall continue
 in force according to its tenor. In the event of the Minister by whom
 any such delegation has been made ceasing to hold office, it shall
 continue to have effect as if made by the person for the time being
 holding office as Minister; and in the event of the Secretary of
 Forestry or any officer or employee of the Ministry to whom any such
 delegation has been made ceasing to hold office, it shall continue to
 have effect as if made to the person for the time being holding the
 office or, if there is no holder of the office or if the holder of the
 office is absent from duty, to the person for the time being directed
 under the [[State Sector Act 1988]] or any other authority to act in the
 place of the holder of the office.
       In subs. (6) the reference to the State Sector Act 1988 was
     substituted for a reference to the State Services Act 1962 by s. 90
     (a) of the State Sector Act 1988.
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