(1) The Commissioner
may, either generally or as otherwise provided by the instrument of
delegation, by writing signed by him delegate to a police officer of or above
the rank of inspector any of his powers under this Act, other than this power
of delegation.
(2) For the purposes
of this Act, the exercise of a power by a delegate under this section shall be
deemed to be the exercise of the power by the Commissioner.
(3) A delegation under
this section may be —
(a) made
subject to such conditions, qualifications and exceptions as are set out in
the instrument of delegation;
(b)
revoked or varied by instrument in writing signed by the Commissioner.
(4) The Commissioner
may exercise a power notwithstanding that he has delegated its exercise under
this section.
(5) If, under this
Act, the exercise of a power by the Commissioner is dependent on his opinion,
belief or state of mind in relation to a matter and the power has been
delegated under this section, the power may be exercised by the delegate on
the opinion, belief or state of mind of the delegate in relation to the
matter.
[Section 39 amended: No. 44 of 1995 s. 14.]