42AConstruction of power to delegate

42A Construction of power to delegate (1) If an Act or subordinate instrument confers on a person or body a power to delegate the discharge, exercise or performance of a responsibility, power, authority, duty or function under that or any other Act or subordinate instrument, then, unless the contrary intention appears— S. 42A(1)(aa) inserted by No. 5/2015 s. 9. (aa) the power to delegate does not include the power to delegate that power of delegation; (a) the delegation does not prevent the discharge, exercise or performance of the responsibility, power, authority, duty or function by the person or body; (b) the delegation may be made subject to such conditions or limitations as the person or body may specify; and (c) a responsibility, power, authority, duty or function so delegated, when discharged, exercised or performed by the delegate, shall, for the purposes of the Act or subordinate instrument, be taken to have been discharged, exercised or performed by the person or body. (2) If an Act or subordinate instrument confers power to delegate to the holder of an office or position, then, unless the contrary intention appears, a delegation may be made to any person for the time being acting in or performing the duties of that office or position. S. 42A(3) inserted by No. 55/2025 s. 59. (3) If— (a) a person or body delegates all of the person's or the body's responsibilities, powers, authorities, duties or functions under an Act or a subordinate instrument; and (b) that Act or subordinate instrument is amended to confer one or more additional responsibilities, powers, authorities, duties or functions— on and after the commencement of the amendment, the delegation includes the additional responsibilities, powers, authorities, duties or functions conferred by that amendment. S. 42A(4) inserted by No. 55/2025 s. 59. (4) If— (a) a person or body delegates one or more of the person's or the body's responsibilities, powers, authorities, duties or functions under an Act or a subordinate instrument; and (b) that Act or subordinate instrument is amended to alter the scope of the responsibility, power, authority, duty or function— on and after the commencement of the amendment, the delegation includes the responsibility, power, authority, duty or function as altered by that amendment. S. 42C inserted by No. 55/2025 s. 60.