(1) The Minister may
delegate to any officer of the Department any power or duty of the Minister
under another provision of this Act.
(2) The delegation
must be in writing signed by the Minister.
(3A) The CEO may
delegate to any officer of the Department or another person —
(a) any
power or duty of the CEO under another provision of this Act; or
(b) if
the CEO is the controlling authority of a boat harbour or mooring control
area, any power or duty of that controlling authority under a provision of
this Act.
(3B) The delegation
must be in writing signed by the CEO.
(3C) If the
controlling authority of a boat harbour or mooring control area is a body
corporate, the controlling authority may delegate any power or duty of the
controlling authority under another provision of this Act to any of its
officers or employees.
(3D) The delegation
must be in writing executed by the controlling authority.
(3) A person to whom a
power or duty is delegated under this section cannot delegate the power or
duty.
(4) A person
exercising or performing a power or duty that has been delegated under this
section, is to be taken to do so in accordance with the terms of the
delegation unless the contrary is shown.
(5) Nothing in this
section limits the ability of the Minister, the CEO or a controlling authority
to perform a function through an officer, employee or agent.
[Section 11A inserted: No. 71 of 2006 s. 12;
amended: No. 9 of 2014 s. 43; No. 2 of 2019 s. 60 and 61.]