Education Act 1989

  • repealed
  • Education Act 1989: repealed, on 1 August 2020, by section 669(3)(b) of the Education and Training Act 2020 (2020 No 38).
159AF Secretary may delegate certain powers and functions to Commission


The Secretary may delegate to the Commission any powers or functions of the Secretary under regulations made pursuant to section 303 or section 306 or section 307 (which relate to student allowances).


A delegation under this section—


must be in writing; and


may not include a power to further delegate any power or function; and


may be revoked at any time by notice in writing.


The Commission may exercise any powers or functions delegated to it under this section in the same manner and with the same effect as if the powers or functions had been conferred on the Commission directly, rather than by delegation.


If the Commission purports to act under a delegation under this section, the Commission is presumed, in the absence of proof to the contrary, to be acting in accordance with the terms of the delegation.

Section 159AF: inserted, on 1 January 2003, by section 8 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).