Commonwealth Consolidated Acts(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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