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ACTS INTERPRETATION ACT 1954 - SECT 27A
Delegation of functions or powers
27A Delegation of functions or powers
(1) If an Act authorises a person or body to delegate a function or power, the
person or body may, in accordance with the Act and any other applicable law,
delegate the function or power to— (a) a person or body by name; or
(b) a
specified officer, or the holder of a specified office, by reference to the
title of the office concerned.
(2) The delegation may be— (a) general or
limited; and
(b) made from time to time; and
(c) revoked, wholly or partly,
by the delegator.
(3) The delegation, or a revocation of the delegation, must
be in, or evidenced by, writing signed by the delegator or, if the delegator
is a body, by a person authorised by the body for the purpose.
(3A) If the
delegator is a body, the delegation may be made or revoked by a resolution of
the body.
(3B) All conditions and preliminary steps required for the exercise
of a delegation are presumed to have been satisfied and performed unless the
contrary is established.
(3C) Laws apply to the delegate, and to other
persons in relationship to the delegate, in the performance of the delegated
function or in the exercise of a delegated power as if the delegate were the
delegator.
(3D) Anything done by or in relation to the delegate in relation
to the delegation is taken to have been done by or in relation to the
delegator. Example— Under an Act an evidentiary certificate purporting to
be signed by an office holder is evidence of the content in any proceeding
(the
"facilitation provision" ). The Act confers a general power of delegation on
the office holder. The office holder uses the power to delegate the function
of issuing the certificate to someone else. Under subsections (3C) and (3D)
(and (6) and (7)), the facilitation provision is taken to provide for the
certificate purporting to be signed by the delegate as having been signed by
the delegator.
(4) A delegated function or power may be exercised only in
accordance with any conditions to which the delegation is subject.
(5) The
delegate may, in the performance of a delegated function or in the exercise of
a delegated power, do anything that is incidental to the delegated function or
power.
(6) A delegated function or power that purports to have been performed
or exercised by the delegate is taken to have been properly performed or
exercised by the delegate unless the contrary is proved.
(7) A delegated
function or power that is properly performed or exercised by the delegate is
taken to have been performed or exercised by the delegator.
(8) If, when
performed or exercised by the delegator, a function or power is dependent on
the delegator’s opinion, belief or state of mind, then, when performed or
exercised by the delegate, the function or power is dependent on the
delegate’s opinion, belief or state of mind.
(8A) If— (a) the delegator
is a specified officer or the holder of a specified office; and
(b) the
person who was the specified officer or holder of the specified office when
the delegation was made ceases to be the officer or holder of the office;
then— (c) the delegation continues in force; and
(d) the person for the
time being occupying or acting in the office concerned is taken to be the
delegator for the purposes of this section.
(8B) If— (a) the delegator is a
body; and
(b) there is a change in the membership of the body;
then— (c)
the delegation continues in force; and
(d) the body as constituted for the
time being is taken to be the delegator for the purposes of this section.
(9)
If a function or power is delegated to a specified officer or the holder of a
specified office— (a) the delegation does not cease to have effect merely
because the person who was the specified officer or the holder of the
specified office when the function or power was delegated ceases to be the
officer or the holder of the office; and
(b) the function or power may be
performed or exercised by the person for the time being occupying or acting in
the office concerned.
(10) A function or power that has been delegated may,
despite the delegation, be performed or exercised by the delegator.
(10A) The
delegation of a function or power does not relieve the delegator of the
delegator’s obligation to ensure that the function or power is properly
performed or exercised.
(11) Subject to subsection (12) , this section
applies to a subdelegation of a function or power in the same way as it
applies to a delegation of a function or power.
(12) If an Act authorises the
delegation of a function or power, the function or power may be subdelegated
only if the Act expressly authorises the function or power to be subdelegated.
(13) Writing purporting to be, or to contain, a delegation, or the revocation
of a delegation, is evidence of the delegation or revocation.
(14) A
certificate signed by the delegator (or, if the delegator is a body, by a
person authorised by the body for the purpose) stating anything in relation to
a delegation is evidence of the thing.
(15) A document purporting to be a
certificate mentioned in subsection (14) is taken to be the certificate, and
to have been properly given, unless the contrary is established.
(15A)
Authority to delegate a person’s or body’s powers includes authority to
delegate doing an act or making a decision for performing a function of the
person or body.
(16) In this section—
"power" includes doing an act or making a decision for the purpose of
performing a function.
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