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Acts Interpretation Act 1901
34Power to hear and determine a matter includes power to receive evidence and examine witnesses etc.
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34 Power to hear and determine a matter includes power to receive evidence and examine witnesses etc.
Any court, Judge, justice of the peace, officer, commissioner, arbitrator, or other person authorised by law, or by consent of parties, to hear and determine any matter, shall have authority to receive evidence and examine witnesses and to administer an oath or affirmation to all witnesses legally called before them respectively.
34AAA Exercise of powers etc. by holders etc. of offices or positions
If an Act confers a power or function or imposes a duty on a person holding or occupying an office or position as such, then the power may be exercised or the function or duty must be performed by the person for the time being holding or occupying the office or position.
34AAB Minister may authorise others to perform functions or duties or exercise powers on his or her behalf
(1) A Minister (the authorising Minister) who administers (whether alone or jointly with one or more other Ministers) an Act or a provision of an Act may authorise:
(a) a Minister who does not administer the Act or provision; or
(b) a member of the Executive Council who is not a Minister;
to act on behalf of the authorising Minister in the performance of functions or duties, or the exercise of powers, that the authorising Minister may perform or exercise under the Act or provision.
(2) An authorisation under subsection (1) in relation to an Act or a provision of an Act extends to the performance of functions or duties, or the exercise of powers, that the authorising Minister may perform or exercise under an instrument (including a regulation, rule or Proclamation) having effect under or for the purposes of the Act or provision.
(3) Subject to subsection (4), an authorisation under subsection (1) may be expressed:
(a) to have effect only during a period or periods, or during the existence of a circumstance or circumstances, referred to in the authorisation; or
(b) to take effect immediately, or at a time referred to in the authorisation, and afterwards to continue to have effect until another person is appointed to the office held by the authorising Minister.
(4) An authorisation under subsection (1) may be revoked at any time by the authorising Minister.
(5) An authorisation under subsection (1), and the revocation of such an authorisation, must be in writing.
(6) This section does not affect the giving, under a power existing apart from this section, of an authorisation to a Minister or other member of the Executive Council to act on behalf of another Minister.
34AA Delegation to persons holding, occupying or performing the duties of an office or position
Where an Act confers power to delegate a function, duty or power, then the power of delegation shall not be construed as being limited to delegating the function, duty or power to a specified person but shall be construed as including a power to delegate the function, duty or power to any person from time to time holding, occupying, or performing the duties of, a specified office or position, even if the office or position does not come into existence until after the delegation is given.
34AB Effect of delegation
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
(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.