231Application—pt 19.4 to subdelegations

231 Application—pt 19.4 to subdelegations (1) This part applies to the subdelegation of a function in the same way as it applies to the delegation of the function. (2) However, if the appointer delegates a function to a delegate, the delegate may not subdelegate the function. (3) Subsection (2) is a determinative provision. 1 The ABC Act 2003 provides that an appointer (X) may delegate X’s functions to Y. The Act is silent on the subdelegation of the functions. Y may not subdelegate X’s functions to Z. 2 The ABC Act 2003 provides that an appointer (X) may delegate X’s functions to Y, with authority for Y to subdelegate the functions. Because the Act authorises subdelegation, it expressly displaces this Act, section 231 (2) (see s 6). Y can therefore subdelegate X’s functions to Z (compare s 236, which deals with the subdelegation of a power to delegate).