New South Wales Consolidated Acts

FORESTRY ACT 1916 - SECT 10A

10A Delegation

(1) The commission may, by instrument in writing under seal, delegate:

(a) to an Assistant Commissioner or authorised person (or a member of a specified class of authorised persons), or

(d) to any prescribed person or a member of a prescribed class or description of persons,

the exercise or performance of such of the powers (other than this power of delegation), authorities, duties or functions conferred or imposed on the commission by or under this or any other Act as may be specified in the instrument of delegation, and may, by such an instrument, revoke wholly or in part any such delegation.

(2) A power, authority, duty or function, the exercise or performance of which has been delegated under this section may, while the delegation remains unrevoked, be exercised or performed from time to time in accordance with the terms of the delegation by the delegate to whom the exercise or performance thereof has been delegated.

(3) A delegation under this section may be made subject to such conditions or such limitations as to the exercise or performance of any of the powers, authorities, duties or functions delegated, or as to time or circumstance as may be specified in the instrument of delegation.

(4) Notwithstanding any delegation made under this section, the commission may continue to exercise or perform all or any of the powers, authorities, duties or functions delegated.

(5) Any act or thing done or suffered by a delegate while acting in the exercise of a delegation under this section shall have the same force and effect as if the act or thing done had been done or suffered by the commission.

(6) An instrument purporting to be signed by a delegate of the commission in the delegate’s capacity as such a delegate shall in all courts and before all persons acting judicially be received in evidence as if it were an instrument executed by the commission under seal and, until the contrary is proved, shall be deemed to be an instrument signed by a delegate of the commission under this section.

(7) In this section, "authorised person" means the secretary to the commission or any person employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the commission to exercise its functions.