10Delegation by certain council members

10 Delegation by certain council members

(1)  The Chief Justice may delegate a function or power of the Chief Justice under this Act to a judge of this State other than this power of delegation.

(2)  The Chief Magistrate may delegate a function or power of the Chief Magistrate under this Act to a magistrate other than this power of delegation.

(3)  A function or power delegated under this section may only be performed or exercised by the delegate if the delegator is unable, for any reason, to perform the function or exercise the power.

(4)  For the purposes of subsection (3) , a delegator is not unable to perform a function, or exercise a power, if the delegator –

(a) has a discretion as to whether to perform the function or exercise the power; and

(b) has elected to use that discretion by not performing the function or exercising the power.