236Power to delegate may not be delegated

236 Power to delegate may not be delegated (1) The appointer may not delegate the appointer’s power to delegate. (2) Subsection (1) 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 X’s power to delegate the power to delegate. X may not delegate X’s power to delegate to Y. 2 The ABC Act 2003 provides that an appointer (X) may delegate X’s functions to Y, with authority for X to delegate X’s power to delegate. Because the Act authorises the delegation of the power to delegate, it expressly displaces this Act, s 236 (1) (see s 6). X can therefore delegate X’s power to delegate to Y (compare s 231, which deals with the subdelegation of a delegated function).