18Delegations

##### 18 Delegations (1) The Commissioner may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Commissioner, delegate to a person (not being a person engaged as a consultant under section 4 of the Members of Parliament (Staff) Act 1984) any of the Commissioner’s powers or functions under this Act or under any other law, other than this power of delegation. (2) Without limiting the generality of subsection (1), the reference in that subsection to the powers of the Commissioner under this Act shall be read as including a reference to the powers of the Commissioner under section 82D. (3) Where the Commissioner delegates a power or function to a Secretary, the Secretary may, unless the instrument of delegation prohibits it, sub‑delegate the power or function, by instrument in writing signed by the Secretary, to a person other than a person engaged as a consultant under section 4 of the Members of Parliament (Staff) Act 1984. (4) A power or function delegated under subsection (1) or sub‑delegated under subsection (3), when exercised or performed by the delegate or sub‑delegate, shall, for all purposes, be deemed to have been exercised or performed by the Commissioner. (5) A delegation of a power or function under subsection (1): (a) may be absolute or conditional; (b) does not prevent the exercise of the power or the performance of the function by the Commissioner; (c) subject to paragraph (d), continues in force notwithstanding that the person who gave the delegation has ceased to be Commissioner; and (d) may be revoked by instrument in writing signed by the Commissioner for the time being. (6) A sub‑delegation of a power or function under subsection (3) by the Secretary of a Department: (a) may be absolute or conditional; (b) does not prevent the exercise of the power or the performance of the function by the Commissioner or by the Secretary; (c) subject to paragraph (d), continues in force notwithstanding that: (i) the person who gave the delegation has ceased to be Commissioner; or (ii) the person who gave the sub‑delegation has ceased to be Secretary of the Department; and (d) may be revoked by instrument in writing signed by the Secretary of the Department for the time being. (7) Where: (a) the exercise of a power or the performance of a function by the Commissioner is dependent upon the opinion, belief or state of mind of the Commissioner in relation to a matter; and (b) the power or function has been delegated or sub‑delegated under this section; the power or function may be exercised or performed by the delegate or sub‑delegate upon the opinion, belief or state of mind of the delegate or sub‑delegate, as the case may be, in relation to the matter. (8) Where the Commissioner has delegated a power or function under subsection (1): (a) the Commissioner may give directions to the delegate with respect of the exercise of the power or the performance of the function; and (b) if the delegate has sub‑delegated the power or function under subsection (3), the delegate: (i) shall, if the Commissioner has given a direction to the delegate under paragraph (a) with respect to the exercise of the power or the performance of the function, give a corresponding direction to the sub‑delegate; and (ii) may, subject to any direction given to the delegate by the Commissioner under paragraph (a), give directions to the sub‑delegate with respect to the exercise of the power or the performance of the function. (9) If: (a) the Commissioner gives a delegation under subsection (1); and (b) the delegation is expressed to be given to persons each of whom occupies or performs the duties of an office of a kind described in the delegation; the delegation extends to any person who occupies, or performs the duties of, an office of the kind described in the delegation, even though the office does not come into existence until after the delegation is given. (10) Subsection (9) only applies to a delegation that is expressed to be made in reliance on that subsection.