Northern Territory Consolidated Acts

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INTERPRETATION ACT - SECT 46A

Power of delegation

    (1)     A provision of an Act that confers a power to delegate a power or function on a person (whether by reference to an office, designation, position or otherwise) is to be construed as conferring on the person a power to delegate the power or function to:

        (a)     a person by name;

        (b)     a person by reference to the office, position or designation held or occupied by the person; or

        (c)     a person from time to time holding, acting in or performing the duties of a named office, designation or position.

    (2)     A provision of an Act that confers a power to delegate a power or function is not to be construed as including the power to delegate that power of delegation.

    (3)     If a power or function is delegated under an Act, the power or function is, when exercised or performed by the delegate, to be taken to be exercised or performed by the person who delegated it.

    (4)     The delegation of the power or function under an Act does not prevent the exercise of the power or the performance of the function by the person who delegated it.



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