Victorian Consolidated Legislation

Dangerous Goods Act 1985 - SECT 10B

Delegations

10B. Delegations



(1) The Authority may, by instrument in writing, delegate to an inspector all
or any of its powers or functions under this Act (except this power of
delegation).

(2) The Authority may, by instrument in writing, delegate to an authorised
person all or any of its powers or functions under this Act (except this power
of delegation)-

   (a)  to the extent that they relate to the manufacture, supply, sale,
        transfer, transport, storage, handling, use or disposal of dangerous
        goods; and

   (b)  only with respect to activities that are carried out under the
        Mineral Resources (Sustainable Development) Act 1990, the
        Extractive Industries Development Act 1995, the Petroleum Act 1998,
        the Mines (Aluminium Agreement) Act 1961 and the
        Extractive Industries (Lysterfield) Act 1986 and that relate to a
        mine, quarry or petroleum site.

(3) In subsection (2), authorised person means-

   (a)  a person-

   (i)  who is employed in the Department of Primary Industries under the
        Public Administration Act 2004; and

   (ii) who, in the opinion of the Authority, has sufficient knowledge and
        experience to competently exercise or perform the relevant power or
        function; or

   (b)  the Chief Inspector of Quarries under section 3(1) of the
        Extractive Industries Development Act 1995.

(4) Despite subsection (2), the only person to whom the Authority may delegate
its power to appoint inspectors in relation to the matters to which paragraphs
(a) and (b) of that subsection apply is the Secretary to the Department of
Primary Industries.

(5) The Authority may, by instrument in writing, delegate all or any of the
powers or functions of an inspector-

   (a)  to any officer of the Roads Corporation; or

   (b)  to any member of the police force or officer or member of a fire
        authority (not being a volunteer fire brigade under the
        Metropolitan Fire Brigades Act 1958 or a volunteer brigade under the
        Country Fire Authority Act 1958); or

   (c)  to any office holder, officer or employee of a municipal council-

if it is satisfied that that person is capable of exercising the powers or
performing the functions to be delegated.

(6) An instrument of delegation made under this section must specify when,
where and in what circumstances the delegation may be exercised.

Note Section 42A(1)(b) of the Interpretation of Legislation Act 1984 provides
that a person delegating a power or function may specify conditions or
limitations on the exercise of the power or function by the delegate.