Victorian Consolidated Legislation

Interpretation of Legislation Act 1984 - SECT 42A

Construction of power to delegate

42A. Construction of power to delegate



(1) If an Act or subordinate instrument confers on a person or body a power to
delegate the discharge, exercise or performance of a responsibility, power,
authority, duty or function under that or any other Act or subordinate
instrument, then, unless the contrary intention appears-

   (a)  the delegation does not prevent the discharge, exercise or performance
        of the responsibility, power, authority, duty or function by the
        person or body;

   (b)  the delegation may be made subject to such conditions or limitations
        as the person or body may specify; and

   (c)  a responsibility, power, authority, duty or function so delegated,
        when discharged, exercised or performed by the delegate, shall, for
        the purposes of the Act or subordinate instrument, be taken to have
        been discharged, exercised or performed by the person or body.

(2) If an Act or subordinate instrument confers power to delegate to the
holder of an office or position, then, unless the contrary intention appears,
a delegation may be made to any person for the time being acting in or
performing the duties of that office or position.