AustLII Tasmanian Consolidated Acts

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BURIAL AND CREMATION ACT 2002 - SECT 53

53. Delegation by Director of Public Health

      (1) The Director of Public Health may, by instrument in writing, delegate the exercise of such of his or her powers under this Act (other than this power of delegation) to an environmental health officer or to a person employed as an environmental health officer by a council.

      (2) The Director of Public Health may, by instrument in writing, revoke wholly or in part any such delegation.

      (3) A power, the exercise of which has been delegated under this section, may, while the delegation remains unrevoked, be exercised from time to time in accordance with the terms of the delegation.

      (4) A delegation under this section may be made subject to such conditions or limitation as to the exercise of any of the powers delegated, or as to time or circumstance, as are specified in the instrument.

      (5) Notwithstanding any delegation under this section, the Director of Public Health may continue to exercise all or any of the powers delegated.

      (6) Any act or thing done by or to a delegate while acting in the exercise of a delegation under this section has the same force and effect as if the act or thing had been done by or to the Director of Public Health and is taken to have been done by or to that Director.

      (7) An instrument purporting to be signed by a delegate of the Director of Public Health in his capacity as such a delegate may in all courts and before all persons acting judicially be received in evidence as if it were an instrument executed by that Director and, until the contrary is proved, is taken to be an instrument signed by a delegate of that Director under this section.



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