sch.2-sec.26Delegation

sch.2-sec.26 Delegation

If this Law authorises a person to delegate a function or power, the person may, in accordance with this Law, delegate the power to— a person by name; or a particular officer, or the holder of a particular office, by reference to the title of the office concerned. The delegation— may be general or limited; and may be made from time to time; and may be revoked, wholly or partly, by the delegator. The delegation, or a revocation of the delegation, must be in, or evidenced by, writing signed by the delegator or if the delegator is a body corporate, by a person authorised by the body corporate for the purpose. A delegated function or power may be exercised only in accordance with any conditions to which the delegation is subject. The delegate may, in the exercise of a delegated function or power, do anything that is incidental to the delegated function or power. A delegated function or power that purports to have been exercised by the delegate is taken to have been duly exercised by the delegate unless the contrary is proved. A delegated function or power that is duly exercised by the delegate is taken to have been exercised by the delegator. If, when exercised by the delegator, a function or power is, under this Law, dependent on the delegator’s opinion, belief or state of mind in relation to a matter, the function or power, when exercised by the delegate, is dependent on the delegate’s opinion, belief or state of mind in relation to the matter. If a function or power is delegated to a particular officer or the holder of a particular office— the delegation does not cease to have effect merely because the person who was the particular officer or the holder of the particular office when the power was delegated ceases to be the officer or the holder of the office; and the function or power may be exercised by the person for the time being occupying or acting in the office concerned. A function or power that has been delegated may, despite the delegation, be exercised by the delegator. (sch.2-sec.26-ssec.1) If this Law authorises a person to delegate a function or power, the person may, in accordance with this Law, delegate the power to— a person by name; or a particular officer, or the holder of a particular office, by reference to the title of the office concerned. (sch.2-sec.26-ssec.2) The delegation— may be general or limited; and may be made from time to time; and may be revoked, wholly or partly, by the delegator. (sch.2-sec.26-ssec.3) The delegation, or a revocation of the delegation, must be in, or evidenced by, writing signed by the delegator or if the delegator is a body corporate, by a person authorised by the body corporate for the purpose. (sch.2-sec.26-ssec.4) A delegated function or power may be exercised only in accordance with any conditions to which the delegation is subject. (sch.2-sec.26-ssec.5) The delegate may, in the exercise of a delegated function or power, do anything that is incidental to the delegated function or power. (sch.2-sec.26-ssec.6) A delegated function or power that purports to have been exercised by the delegate is taken to have been duly exercised by the delegate unless the contrary is proved. (sch.2-sec.26-ssec.7) A delegated function or power that is duly exercised by the delegate is taken to have been exercised by the delegator. (sch.2-sec.26-ssec.8) If, when exercised by the delegator, a function or power is, under this Law, dependent on the delegator’s opinion, belief or state of mind in relation to a matter, the function or power, when exercised by the delegate, is dependent on the delegate’s opinion, belief or state of mind in relation to the matter. (sch.2-sec.26-ssec.9) If a function or power is delegated to a particular officer or the holder of a particular office— the delegation does not cease to have effect merely because the person who was the particular officer or the holder of the particular office when the power was delegated ceases to be the officer or the holder of the office; and the function or power may be exercised by the person for the time being occupying or acting in the office concerned. (sch.2-sec.26-ssec.10) A function or power that has been delegated may, despite the delegation, be exercised by the delegator.