Acts Interpretation Act 1901

PART 7 - POWERS, FUNCTIONS AND DUTIES  

SECTION 34AB   EFFECT OF DELEGATION  

General

34AB(1)  
Where an Act confers power on a person or body (in this section called the authority ) to delegate a function, duty or power:


(a) the delegation may be made either generally or as otherwise provided by the instrument of delegation;


(b) the powers that may be delegated do not include that power to delegate;


(c) a function, duty or power so delegated, when performed or exercised by the delegate, shall, for the purposes of the Act, be deemed to have been performed or exercised by the authority;


(d) a delegation by the authority does not prevent the performance or exercise of a function, duty or power by the authority; and


(e) if the authority is not a person, section 34A applies as if it were.

Addition of functions, duties or powers

34AB(2)  


If:


(a) a person (the delegator ) or body (also the delegator ) delegates all the person ' s or body ' s functions, duties or powers under an Act, or a provision of an Act, to another person or body; and


(b) the Act is amended to give the delegator one or more additional functions, duties or powers under the Act or provision; and


(c) the delegation is in force immediately before the amendment takes effect;

then, on and after the amendment taking effect, the delegation is taken to include the additional functions, duties or powers.

Alteration of functions, duties or powers

34AB(3)  
If:


(a) a person or body delegates one or more of the person ' s or body ' s functions, duties or powers under an Act, or a provision of an Act, to another person or body; and


(b) the Act is amended to alter the scope of one or more of those functions, duties or powers under the Act or provision; and


(c) the delegation is in force immediately before the amendment takes effect;

then, on and after the amendment taking effect, the delegation is taken to include the functions, duties or powers as altered.


 

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