Commonwealth Consolidated Acts

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ACTS INTERPRETATION ACT 1901 - SECT 34A

Exercise of powers and performance of functions or duties that depend upon the opinion etc. of delegates

    If:

  (a)   under an Act, a person's exercise of a power, or a person's performance of a function or duty, is dependent upon the person's opinion, belief or state of mind in relation to a matter; and

  (b)   that power, function or duty has been delegated under that or any other Act;

the delegate may exercise that power, or may perform that function or duty, upon the delegate's opinion, belief or state of mind in relation to that matter.

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