New South Wales Consolidated Acts

MOTOR VEHICLE SPORTS (PUBLIC SAFETY) ACT 1985 - SECT 13

13 Delegation

(1) The Minister may, by instrument in writing, delegate to:

(a) a person for the time being holding any specified office or position in the Department of Sport and Recreation,

(b) the Commissioner of Police for the time being, or

(c) a person for the time being holding any specified office or position in the police force and stationed at a place described in the instrument,

the exercise of such of the functions of the Minister under this Act or the regulations as may be specified in the instrument.

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

(3) A delegation under this section may be made subject to such conditions or limitations as to the exercise of any function the subject thereof, or as to time or circumstances, as may be specified in the instrument of delegation.

(4) Notwithstanding any delegation under this section, the Minister may continue to exercise any function delegated.

(5) Any act or thing done or suffered by a delegate acting in the exercise of a delegation under this section has the same force and effect as if done or suffered by the Minister and shall be deemed to have been done or suffered by the Minister.

(6) The Minister may, by instrument in writing, revoke wholly or in part any delegation under this section.

(7) An instrument purporting to have been signed by a person in his or her capacity as a delegate of the Minister under this section shall in all courts and before all persons acting judicially be received in evidence as if it were an instrument duly executed by the Minister and shall, until the contrary is proved, be deemed to be an instrument signed by such a delegate.

(8) In this section:

(a) a reference to a function includes a reference to a power, authority and duty, and

(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.