35Delegation

35 Delegation S. 35(1) substituted by No. 106/2004 s. 9, amended by Nos 75/2016 s. 10(1), 40/2022 s. 25(1), 36(9). (1) With the prior approval of the Minister, Homes Victoria may delegate to any employee of the Department or to any other person or body any of the powers, discretions, functions or authorities of Homes Victoria under this or any other Act, including, subject to subsection (7), this power of delegation. S. 35(1A) inserted by No. 106/2004 s. 9, repealed by No. 75/2016 s. 10(2). (2) A delegate shall not exercise any power, discretion, function or authority delegated under this section until the Minister has approved the instrument of delegation concerned. S. 35(3) amended by Nos 26/1987 s. 21, 40/2022 s. 36(10). (3) Where the exercise or performance by Homes Victoria of a power, discretion, function or authority is dependent upon the opinion, belief or state of mind of Homes Victoria in relation to a matter and the power, discretion, function or authority is delegated under this section, the delegate may, unless the contrary intention appears, exercise or perform the power, discretion, function or authority upon his or her own opinion, belief or state of mind (as the case may require) in relation to the matter. S. 35(4) amended by No. 26/1987 s. 21. (4) Where the Minister has approved an instrument of delegation under subsection (2), the Minister may subsequently withdraw that approval and the delegation shall thereupon be revoked but that revocation shall not affect in any way anything lawfully done under the delegated authority. S. 35(5) amended by No. 40/2022 s. 36(11). (5) A delegation under this section may at any time be revoked by Homes Victoria, in whole or in part, but that revocation shall not affect in any way anything lawfully done under the delegated authority. S. 35(6) amended by Nos 26/1987 s. 21, 40/2022 s. 36(12). (6) A delegation under this section does not prevent the exercise or performance by Homes Victoria of any of the powers, discretions, functions and authorities conferred on Homes Victoria by or under this Act. S. 35(7) inserted by No. 40/2022 s. 25(2). (7) With the approval of the Minister, a delegate of a power, discretion, function or authority under subsection (1), subject to any conditions to which the delegation is subject, by instrument may subdelegate that power, discretion, function or authority to any other person or persons or body if the instrument of delegation authorises its subdelegation. S. 35(8) inserted by No. 40/2022 s. 25(2). (8) Sections 42 and 42A of the **Interpretation of Legislation Act 1984** apply to a subdelegation under subsection (7) as if it were a delegation. S. 36 amended by No. 40/2022 s. 36(13).