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LOCAL GOVERNMENT ACT 1995 - SECT 5.44

LOCAL GOVERNMENT ACT 1995 - SECT 5.44

5.44 .         CEO may delegate powers and duties to other employees

        (1)         A CEO may delegate to any employee of the local government the exercise of any of the CEO’s powers or the discharge of any of the CEO’s duties under this Act other than this power of delegation.

        (2)         A delegation under this section is to be in writing and may be general or as otherwise provided in the instrument of delegation.

        (3)         This section extends to a power or duty the exercise or discharge of which has been delegated by a local government to the CEO under section 5.42, but in the case of such a power or duty —

            (a)         the CEO’s power under this section to delegate the exercise of that power or the discharge of that duty; and

            (b)         the exercise of that power or the discharge of that duty by the CEO’s delegate,

                are subject to any conditions imposed by the local government on its delegation to the CEO.

        (4)         Subsection (3)(b) does not limit the CEO’s power to impose conditions or further conditions on a delegation under this section.

        (5)         In subsections (3) and (4) —

        conditions includes qualifications, limitations or exceptions.

        [Section 5.44 amended: No. 1 of 1998 s. 14(1).]