239Exercise of delegation by delegate

239 Exercise of delegation by delegate (1) A delegate must exercise the delegation subject to any conditions, limitations or directions in the instrument making or evidencing the delegation. (2) All territory laws apply to the delegate in the exercise of the delegation as if the delegate were the appointer. (3) Without limiting subsection (2), if the exercise of a function by the appointer is dependent on the appointer’s state of mind and the function is delegated, the function may be exercised by the delegate on the delegate’s state of mind. (4) Anything done by or in relation to the delegate in the exercise of the delegation is taken to have been done by or in relation to the appointer. Note 1 Section 94 provides that a delegation under a law that is in force immediately before an amendment of the law continues to have effect as if made under the amended law. Note 2 Section 196 gives a delegate the powers necessary or convenient to exercise a delegated function. state of mind includes knowledge, intention, opinion, belief or purpose.