23AADelegation

### 23AA Delegation > *\[Section 23AA Inserted by No. 20 of 1992, s. 6 \]* > > > (1)  If an Act confers a power on a person to delegate a function or power, the person may, in accordance with the Act, delegate the function or power to – > > > > > > (a) a person by name; or > > > > > > > (b) [*\[Section 23AA Subsection (1) amended by No. 61 of 1999, Sched. 1, Applied:24 Nov 1999\]*](/view/html/inforce/1999-11-24/act-1999-061#JS1@Ja1@GC1@EN) the holder of a particular office or position by reference to the title of the office or position concerned, whether or not the office or position is vacant at the time of the delegation. > > > (2)  A delegation – > > > > > > (a) may be general or limited; and > > > > > > > (b) must be in, or evidenced by, writing signed by the delegator or, if the delegator is a body, by a person authorized by the body for that purpose; and > > > > > > > (c) may be revoked, wholly or partly, by the delegator. > > > (3)  A delegated function or power may be exercised only in accordance with any conditions to which the delegation is subject. > > > (4)  A delegated function or power that is duly exercised by a delegate is to be taken to have been exercised by the delegator. > > > (5)  If a function or power is delegated to a particular officer or the holder of a particular office or position – > > > > > > (a) the delegation does not cease to have effect merely because the person who was the particular officer or the holder of the particular office or position when the function or power was delegated ceases to be that officer or the holder of that office or position; and > > > > > > > (b) the function or power may be performed or exercised by the person for the time being occupying or acting in the office or position concerned. > > > (5A)  [*\[Section 23AA Subsection (5A) inserted by No. 29 of 2017, Sched. 1, Applied:05 Sep 2017\]*](/view/html/inforce/2017-09-05/act-2017-029#JS1@Ja1@GC1@EN) If a function or power is delegated by a particular officer or the holder of a particular office or position – > > > > > > (a) the delegation does not cease to have effect merely because the person who was the particular officer or the holder of the particular office or position when the function or power was delegated ceases to be that officer or the holder of that office or position; and > > > > > > > (b) the authority of the delegate to exercise that power or perform that function continues until that authority is terminated by notice in writing by the particular officer or the holder for the time being of the relevant office or position. > > > (6)  A function or power that has been delegated may, notwithstanding the delegation, be exercised by the delegator. > > > (7)  This section applies to a sub-delegation of a function or power in the same way as it applies to a delegation of a function or power, but only so far as the Act that authorizes the delegation of the function or power also authorizes the sub-delegation of the function or power. > > > (8)  In all courts and before all persons acting judicially, an instrument purporting to be executed by a delegate in the capacity as a delegate is to be received in evidence as if it were an instrument executed by the delegator and is to be taken to be an instrument executed by the delegator.