Commonwealth Consolidated Acts

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ACTS INTERPRETATION ACT 1901 - SECT 34AB

Effect of delegation

                   Where an Act confers power on a person or body (in this section called the authority ) to delegate a function or power:

                     (a)  the delegation may be made either generally or as otherwise provided by the instrument of delegation;

                     (b)  the powers that may be delegated do not include that power to delegate;

                     (c)  a function or power so delegated, when performed or exercised by the delegate, shall, for the purposes of the Act, be deemed to have been performed or exercised by the authority;

                     (d)  a delegation by the authority does not prevent the performance or exercise of a function or power by the authority; and

                     (e)  if the authority is not a person, section 34A applies as if it were.



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