Commonwealth Numbered Acts

BANKRUPTCY AMENDMENT ACT 1987 No. 119 of 1987 - SECT 8

8. (1) Section 10 of the Principal Act is repealed and the following section
is substituted: Delegation by Minister or Secretary

"10. (1) The Minister may, either generally or as otherwise provided in the
instrument of delegation, by writing signed by him or her, delegate to an
officer all or any of the Minister's powers under this Act, other than this
power of delegation.

"(2) A power delegated under subsection (1) shall, when exercised by a
delegate, be deemed to have been exercised by the Minister.

"(3) A delegation under subsection (1) does not prevent the exercise of a
power by the Minister.

"(4) The Secretary may, either generally or as otherwise provided in the
instrument of delegation, by writing signed by him or her, delegate to an
officer all or any of the Secretary's powers under this Act, other than this
power of delegation.

"(5) A power delegated under subsection (4) shall, when exercised by a
delegate, be deemed to have been exercised by the Secretary.

"(6) A delegation under subsection (4) does not prevent the exercise of a
power by the Secretary.

"(7) In this section:
'exercise' includes perform;
'officer' means a person holding, or performing the duties of, an office in
the Department;
'power' includes a function;
'Secretary' means the Secretary to the Department.".

(2) An instrument of delegation that immediately before the commencement of
this section was in force under section 10 of the Principal Act has effect
after that commencement as if the instrument had been made in accordance with
subsection 10 (1) of the Principal Act as amended by this Act.