IMMIGRATION (GUARDIANSHIP OF CHILDREN) ACT 1946 - SECT 5 Delegation

IMMIGRATION (GUARDIANSHIP OF CHILDREN) ACT 1946 - SECT 5

  (1)   The Minister may, in relation to any matters or class of matters, or in relation to any non - citizen child or class of non - citizen children, by writing under his or her hand, delegate to any officer or authority of the Commonwealth or of any State or Territory all or any of his or her powers and functions under this Act (except this power of delegation) so that the delegated powers and functions may be exercised by the delegate with respect to the matters or class of matters, or the child or class of children, specified in the instrument of delegation.

  (2)   Where under this Act the exercise of any power or function by the Minister or the operation of any provision of this Act is dependent upon the opinion or state of mind of the Minister in relation to any matter, that power or function may be exercised by the delegate or that provision may operate (as the case may be) upon the opinion or state of mind of the delegate in relation to that matter.

  (3)   A delegation under this section shall be revocable at will, and no delegation shall prevent the exercise of any power or function by the Minister.