ELECTORAL ACT 2002 - SECT 19 Delegations

ELECTORAL ACT 2002 - SECT 19

    (1)     Subject to subsection (2), the Commission may, by instrument under its common seal, delegate to—

        (a)     the Electoral Commissioner; or

        (b)     the Deputy Electoral Commissioner; or

        (c)     a member of staff employed under section 17; or

        (d)     an election manager or election official appointed under section 18 —

any function or power of the Commission under this Act or any other Act or under the regulations.

    (2)     The Commission cannot delegate—

        (a)     its power of delegation; or

        (b)     the power to review an election manager's decision in respect of the registration of a how-to-vote card if an appeal has been made against the decision; or

S. 19(2)(c) amended by No. 91/2003 s. 3.

        (c)     the power to allow or disallow a ballot-paper on a recount if the number of ballot-papers reserved under section 120(4) for the decision of the Commission may determine whether a particular candidate is declared elected.

    (3)     The Electoral Commissioner may by instrument delegate to—

        (a)     the Deputy Electoral Commissioner; or

        (b)     a member of staff employed under section 17; or

        (c)     an election manager or election official appointed under section 18 —

any function or power of the Electoral Commissioner under this Act or any other Act or under the regulations other than this power of delegation.

S. 19A inserted by No. 82/2012 s. 173.