Victorian Consolidated Legislation

Interpretation of Legislation Act 1984 - SECT 42

Exercise of delegated powers

42. Exercise of delegated powers



(1) Where the discharge, exercise or performance by a person of a
responsibility, power, authority, duty or function under an Act or subordinate
instrument is dependent upon the opinion, belief or state of mind of that
person in relation to a matter and the responsibility, power, authority, duty
or function is, in accordance with the Act or subordinate instrument,
delegated, the delegate may, unless the contrary intention appears, discharge,
exercise or perform the responsibility, power, authority, duty or function
upon the delegate's own opinion, belief or state of mind (as the case
requires) in relation to that matter.

(2) Subsection (1) applies in relation to a delegation made under an Act or
subordinate instrument, whether the delegation was made before or after the
commencement of this Act.