LEGISLATION ACT 2001 - SECT 236 Power to delegate may not be delegated

LEGISLATION ACT 2001 - SECT 236

    (1)     The appointer may not delegate the appointer's power to delegate.

    (2)     Subsection (1) is a determinative provision.

Note     See s 5 for the meaning of determinative provisions, and s 6 for their displacement.

Examples

1     The ABC Act 2003 provides that an appointer (X) may delegate X's functions to Y. The Act is silent on X's power to delegate the power to delegate. X may not delegate X's power to delegate to Y.

2     The ABC Act 2003 provides that an appointer (X) may delegate X's functions to Y, with authority for X to delegate X's power to delegate. Because the Act authorises the delegation of the power to delegate, it expressly displaces this Act, s 236 (1) (see s 6). X can therefore delegate X's power to delegate to Y (compare s 231, which deals with the subdelegation of a delegated function).