Commonwealth Consolidated Acts

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ACTS INTERPRETATION ACT 1901 - SECT 34AB

Effect of delegation

General

             (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

             (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

             (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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