New South Wales Consolidated Acts

SOIL CONSERVATION ACT 1938 - SECT 4A

4A Deputy Commissioners

(3) A Deputy Commissioner:

(a) shall assist the Commissioner in the exercise or discharge of the Commissioner’s powers, authorities, duties and functions,

(b) may, with the approval of the Minister, act in the place of the Commissioner or, if a person has been appointed under section 4 (6) to act in the place of the Commissioner, in the place of the person if the Commissioner or the person, as the case may be:

(i) is absent from duty, or

(ii) though not absent from duty, is not available to exercise or discharge his or her powers, authorities, duties and functions,

and while so acting shall have the immunities and may exercise or discharge all the powers, authorities, duties and functions of the Commissioner, and

(c) shall exercise or discharge such other powers, authorities, duties and functions as are conferred or imposed upon a Deputy Commissioner by or under this or any other Act.

(4) An approval under subsection (3) (b), in relation to a Deputy Commissioner acting in the place of the Commissioner, shall not have effect while a person is acting in the place of the Commissioner under section 4 (6).

(5) No person shall be concerned to inquire whether or not any occasion has arisen requiring or authorising a Deputy Commissioner to act in the place of the Commissioner, or as to the necessity or propriety of any approval for a Deputy Commissioner so to act and all things done or omitted by a Deputy Commissioner while so acting shall be as valid and effectual and shall have the same consequences as if they had been done or omitted by the Commissioner.