New South Wales Consolidated Acts

TOURISM NEW SOUTH WALES ACT 1984 - SECT 26

26 Delegation

(1) Tourism New South Wales may, by instrument in writing, delegate to:

(a) the General Manager,

(b) a committee comprised of members, including the General Manager or a member nominated by the General Manager,

(c) an officer or temporary employee of Tourism New South Wales,

(d) a person for the time being holding or acting in a specified position in the staff establishment of Tourism New South Wales, or

(e) any person of whose services Tourism New South Wales makes use pursuant to this or any other Act,

the exercise of such of the functions of Tourism New South Wales (other than this power of delegation) as are 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) Without limiting the operation of subsection (2), a function the exercise of which has been delegated under this section to the General Manager may, while the delegation remains unrevoked, be exercised from time to time in accordance with the terms of the delegation by:

(a) an officer or temporary employee of Tourism New South Wales,

(b) a person for the time being holding or acting in a specified position in the staff establishment of Tourism New South Wales, or

(c) any person of whose services Tourism New South Wales makes use pursuant to this or any other Act,

as authorised by instrument in writing by the General Manager in that behalf either generally or in a particular case or class of cases.

(4) A delegation or authorisation 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 or authorisation.

(5) Notwithstanding any delegation under this section, Tourism New South Wales may continue to exercise any function delegated.

(6) Any act or thing done or suffered by a delegate acting in the exercise of a delegation under this section, or by a person duly authorised in that behalf by the General Manager under this section, has the same force and effect as it would have if it had been done or suffered by Tourism New South Wales and shall be deemed to have been done or suffered by Tourism New South Wales.

(7) Tourism New South Wales may, by instrument in writing, revoke wholly or in part any delegation under this section, and the General Manager may, by instrument in writing, revoke wholly or in part any authorisation under this section.

(8) An instrument purporting to have been signed by a person in the capacity of delegate of Tourism New South Wales, or as a person authorised 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 Tourism New South Wales and shall, until the contrary is proved, be deemed to be an instrument signed by a delegate of Tourism New South Wales or by a person duly authorised under this section, as the case may be.

(9) In subsection (8), a reference to a delegate includes a reference to the chairperson of a committee to which the exercise of a function has been delegated under subsection (1).