Victorian Consolidated Legislation

Transport Act 1983 - SECT 32

Delegation

32. Delegation



(1) The Minister may delegate to any person employed under this Act or the
regulations any of his powers or duties under this Act or section 98 of the
Road Safety Act 1986, other than-

   (a)  this power of delegation;

   (b)  his power to make determinations under section 89 of this Act; and





   (c)  his power to give directions under section 31 of this Act.



(1A) The Secretary may, by instrument, delegate to-

   (a)  an officer or other person by name; or

   (b)  the holder of an office or position; or

   (c)  a body-

any power of the Secretary conferred by or under this Act or by or under
section 33 of the Road Safety Act 1986, other than a power under section 5, 6
or 6A of this Act and this power of delegation.

(2) The Corporation may delegate any power or duty of the Corporation under
this Act or any other Act or the regulations, other than this power of
delegation, to-

   (a)  an officer of the Corporation either by name or by reference to the
        officer's office only (and where the reference is to the office only
        the holder for the time being of the office shall be the delegate);

   (b)  an employee in the Department of Infrastructure either by name or by
        reference to the employee's position only.



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(4) The instrument of delegation shall specify the period of time during which
the delegation of the power or duty or function may be exercised or, where the
person or body giving the delegation has resolved that the delegation shall be
exercisable for an unlimited period of time, the instrument shall so specify.

(5) The person or body giving the delegation may vary or revoke a delegation
made by him or it.

(6) A power or duty or function delegated by a person or body shall be
exercised or performed in accordance with the instrument of delegation and
shall be subject to the conditions and limitations specified in the instrument
of delegation.

(7) The delegation of a power or duty or function by a person or body does not
prevent the exercise of the power or the performance of the duty or function
by the person or body giving the delegation.

(8) Any act or thing done in performance of a duty or function or the exercise
of a power by the delegate under subsection (1) has the same force and effect
as if it had been done by the person or body giving the delegation.

(9) No act of a delegate done within the scope of a delegation under this
section during the period in which that delegation remains in force shall be
invalidated by reason of a later revocation or variation of the delegation.

(10) Where a power or duty or function which has been delegated requires that
the delegator reach an opinion belief or decision in relation to any matter
then the opinion belief or decision may be that of the person to whom the
power or duty or function has been delegated.



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Division 5-Other boards and committees

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