Victorian Current Acts Victorian Current Acts(1) If an Act or subordinate instrument confers on a person or body a power to delegate the discharge, exercise or performance of a responsibility, power, authority, duty or function under that or any other Act or subordinate instrument, then, unless the contrary intention appears—
S. 42A(1)(aa) inserted by No. 5/2015 s. 9.
(aa) the power to delegate does not include the power to delegate that power of delegation;
(a) the delegation does not prevent the discharge, exercise or performance of the responsibility, power, authority, duty or function by the person or body;
(b) the delegation may be made subject to such conditions or limitations as the person or body may specify; and
(c) a responsibility, power, authority, duty or function so delegated, when discharged, exercised or performed by the delegate, shall, for the purposes of the Act or subordinate instrument, be taken to have been discharged, exercised or performed by the person or body.
(2) If an Act or subordinate instrument confers power to delegate to the holder of an office or position, then, unless the contrary intention appears, a delegation may be made to any person for the time being acting in or performing the duties of that office or position.