ACTS INTERPRETATION ACT 1901 - SECT 34AB Effect of delegation
ACTS INTERPRETATION ACT 1901 - SECT 34AB
Effect of delegation(1) Where an Act confers power on a person or body (in this section called the authority ) to delegate a function, duty 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, duty 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, duty or power by the authority; and
(e) if the authority is not a person, section 34A applies as if it were.
Addition of functions, duties or powers
(a) a person (the delegator ) or body (also the delegator ) delegates all the person's or body's functions, duties or powers under an Act, or a provision of an Act, to another person or body; and
(b) the Act is amended to give the delegator one or more additional functions, duties or powers under the Act or provision; and
(c) the delegation is in force immediately before the amendment takes effect;
then, on and after the amendment taking effect, the delegation is taken to include the additional functions, duties or powers.
Alteration of functions, duties or powers
(a) a person or body delegates one or more of the person's or body's functions, duties or powers under an Act, or a provision of an Act, to another person or body; and
(b) the Act is amended to alter the scope of one or more of those functions, duties or powers under the Act or provision; and
(c) the delegation is in force immediately before the amendment takes effect;
then, on and after the amendment taking effect, the delegation is taken to
include the functions, duties or powers as altered.