AustLII Tasmanian Consolidated Acts

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LEGAL AID COMMISSION ACT 1990 - SECT 50

50. Delegation by Commission or Director

      (1) The Commission or the Director may, by instrument in writing, delegate to a person specified in the instrument the performance or exercise of such functions and powers under this Act (other than this power of delegation) as are specified in the instrument, and may, by instrument in writing, revoke wholly or in part any such delegation.

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

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

      (4) Notwithstanding any delegation under this section, the Commission or the Director may continue to perform or exercise all or any of the functions or powers delegated.

      (5) Any act or thing done by, or to, a delegate of the Commission or the Director 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 Commission or the Director and is deemed to have been done by, or to, the Commission or the Director.

      (6) An instrument purporting to be signed by a delegate of the Commission or the Director in the capacity as such a delegate shall, in all courts and before all persons acting judicially, be received in evidence as if it were an instrument executed by the Commission or the Director and, until the contrary is proved, is deemed to be an instrument signed by a delegate of the Commission or the Director under this section.

      (7) Where the exercise of a power by the Commission or the Director is dependent on the opinion or belief of the Commission or the Director, a delegate of the Commission or the Director under this section may, in exercising that power, act on the delegate's own opinion or belief.



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