New South Wales Consolidated Acts

STOCK FOODS ACT 1940 - SECT 38

38 Delegation by Director-General

(1) The Director-General may delegate to a person the exercise of any of the functions of the Director-General under this Act, other than this power of delegation.

(2) A delegation under this section:

(a) shall be in writing,

(b) may be general or limited, and

(c) may be revoked, wholly or partly, by the Director-General.

(3) A delegate is, in the exercise of a function delegated under this section, subject to such conditions as are specified in the instrument of delegation.

(4) A function delegated under this section, when exercised by the delegate, shall be deemed to have been exercised by the Director-General.

(5) A delegation under this section does not prevent the exercise of a function by the Director-General.

(6) A function purporting to have been exercised by a delegate under this section shall, until the contrary is proved, be deemed to have been duly exercised by a delegate under this section.

(7) In this section:

(a) a reference to a function includes a reference to a power, an authority and a 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.