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LEGISLATION ACT 2001 - SECT 234 Instrument may provide when delegation has effect etc

LEGISLATION ACT 2001 - SECT 234

Instrument may provide when delegation has effect etc

The instrument making or evidencing a delegation may provide—

        (a)     that the delegation has effect only in stated circumstances or subject to stated conditions, limitations or directions; or

        (b)     that all of a function, or a stated part of the function, is delegated.

Examples

1     The delegation provides that, when the appointer (Y) is outside Australia, the delegate (X) may exercise her functions except that stated functions may only be exercised with Y's approval.

2     The delegation provides that X may enter into a contract for the purchase of property of not more than $50 000 in value.

3     The delegation provides that X may grant licences under a stated Act but that, in considering applications, X must take account of the policy of the agency (authorised by the Act) that there should not be more than 100 licences current at any time.