Commonwealth Consolidated Acts

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TRANSFER OF PRISONERS ACT 1983 - SECT 29

Delegation

             (1)  The Attorney‑General may, either generally or as otherwise provided in the instrument of delegation, by writing signed by him or her, delegate to a person all or any of his or her powers under this Act other than this power of delegation or the powers under Part IV.

          (1A)  However, a delegation under subsection (1) does not extend to the power:

                     (a)  to make or revoke an order under Part II; or

                     (b)  to make an application under section 8; or

                     (c)  to give consent for the purposes of subsection 9(2); or

                     (d)  to serve notices or make orders under Division 2 of Part III;

in any case:

                     (e)  that relates to a prisoner or remand prisoner who is subject to an order under Part IV; or

                      (f)  in which making or revoking the order, making the application, giving the consent or serving the notice would involve consideration of questions of security.

             (2)  A power delegated under subsection (1), when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Attorney‑General.

             (3)  A delegation under subsection (1) does not prevent the exercise of a power by the Attorney‑General.

             (4)  The appropriate Minister of a State may, either generally or as otherwise provided in the instrument of delegation, by writing signed by him or her, delegate to a person all or any of his or her powers under this Act other than this power of delegation or the powers under Part IV.

             (5)  A power delegated under subsection (4) by the appropriate Minister of a State, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the appropriate Minister of that State.

             (6)  A delegation under subsection (4) by the appropriate Minister of a State does not prevent the exercise of a power by the appropriate Minister of that State.



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