South Australian Consolidated Acts (1) The Minister may
delegate to a body or person (including a person for the time being holding or
acting in a specified office or position) a function or power of the Minister
under this Act, or under any other Act that, in the opinion of the Minister,
is relevant to the operation or administration of this Act.
(2) A delegation under
this section—
(a) must
be by instrument in writing; and
(b) may
be absolute or conditional; and
(c) does
not derogate from the ability of the Minister to act in any matter; and
(d) is
revocable at will.
(3) A function or
power delegated under this section may, if the instrument of delegation so
provides, be further delegated.
(4) The Minister
cannot delegate—
(a) the
function of making recommendations to the Governor; or
(b) the
Minister's functions or powers under Chapter 5.
(5) A person to whom
functions or powers have been delegated under subsection (1) who has a
direct or indirect personal or pecuniary interest in any matter in relation to
which the person proposes to perform those functions or exercise those powers
must disclose the nature of the interest in writing to the Minister.
Maximum penalty: $20 000.
(6) It is a defence to
a charge of an offence against subsection (5) to prove that the defendant
was not, at the time of the alleged offence, aware of his or her interest in
the matter.