Div 1General

Division 1—General 12—Delegation by Minister (1) Subject to this section, the Minister may delegate any of the Minister's functions under this Act, or under any other Act that, in the opinion of the Minister, is relevant to the operation or administration of this Act. (2) A delegation— (a) must be made by instrument in writing; and (b) may be made— (i) to a particular person or body; or (ii) to the person for the time being occupying a particular office or position; and (c) may be made subject to conditions or limitations specified in the instrument of delegation; and (d) if the instrument of delegation so provides, may be further delegated by the delegate; and (e) is revocable at will and does not derogate from the power of the delegator to act in any matter. (3) The Minister cannot delegate the function of making recommendations to the Governor. (4) A person to whom functions have been delegated under this section who has a direct or indirect personal or pecuniary interest in any matter in relation to which the person proposes to perform those functions must disclose the nature of the interest in writing to the delegator. Maximum penalty: $20 000. (5) It is a defence to a charge of an offence against subsection (4) to prove that the defendant was not, at the time of the alleged offence, aware of their interest in the matter. 13—Ministers not to administer Act The following Ministers must not assume responsibility for the administration of this Act: (a) the Minister administering a mining Act; (b) the Planning Minister.