Victorian Consolidated Legislation

Interpretation of Legislation Act 1984 - SECT 40

Exercise of powers and performance of duties

40. Exercise of powers and performance of duties

Unless the contrary intention appears, where an Act or subordinate instrument
confers a power or imposes a duty, the power may be exercised and the duty
shall be performed-

   (a)  from time to time as occasion requires; and

   (b)  if conferred or imposed on the holder of an office or position as
        such, by the person for the time being holding, acting in or
        performing the duties of the office or position;