Commonwealth Consolidated Acts

ACTS INTERPRETATION ACT 1901 - SECT 34AB

General

  (1)   Where an Act confers power on a person or body   (in this section called the authority ) to delegate a function, duty or power:

  (a)   the delegation may be made either generally or as otherwise provided by the instrument of delegation;

  (b)   the powers that may be delegated do not include that power to delegate;

  (c)   a function, duty or power so delegated, when performed or exercised by the delegate, shall, for the purposes of the Act, be deemed to have been performed or exercised by the authority;

  (d)   a delegation by the authority does not prevent the performance or exercise of a function, duty or power by the authority; and

  (e)   if the authority is not a person, section   34A applies as if it were.

Addition of functions, duties or powers

  (2)   If:

  (a)   a person (the delegator ) or body (also the delegator ) delegates all the person's or body's functions, duties or powers under an Act, or a provision of an Act, to another person or body; and

  (b)   the Act is amended to give the delegator one or more additional functions, duties or powers under the Act or provision; and

  (c)   the delegation is in force immediately before the amendment takes effect;

then, on and after the amendment taking effect, the delegation is taken to include the additional functions, duties or powers.

Alteration of functions, duties or powers

  (3)   If:

  (a)   a person or body delegates one or more of the person's or body's functions, duties or powers under an Act, or a provision of an Act, to another person or body; and

  (b)   the Act is amended to alter the scope of one or more of those functions, duties or powers under the Act or provision; and

  (c)   the delegation is in force immediately before the amendment takes effect;

then, on and after the amendment taking effect, the delegation is taken to include the functions, duties or powers as altered.