8Delegation of functions, &c., by Attorney-General

8 Delegation of functions, &c., by Attorney-General

(1)  Subject to this section, the Attorney-General may, by instrument in writing, delegate to the Solicitor-General responsibility for the performance or exercise of such of the functions and powers (other than this power of delegation) which may be performed or exercised by the Attorney-General under the laws of Tasmania as may be specified in the instrument of delegation and may, by similar instrument, revoke any such delegation either wholly or in part.

(2)  Any function or power, the performance or exercise of which is delegated under subsection (1) , may, while the delegation remains unrevoked, be performed or exercised from time to time by the Solicitor-General in accordance with the terms of the delegation.

(3)  A delegation under subsection (1) may be made subject to such conditions or such limitations as to the performance or exercise of any of the specified functions or powers delegated or as to time or circumstance as may be specified in the instrument of delegation.

(4)  Notwithstanding any delegation under subsection (1) , the Attorney-General may continue to perform or exercise all or any of the functions or powers that are delegated.

(5)  Subsection (1) does not authorize the delegation of a function or power where another enactment provides or contemplates that the function or power may be delegated to the holder of an office other than that of Solicitor-General.

(6)  Any act or thing done by or to the Solicitor-General when acting in the exercise of a delegation under this section and within the terms of the delegation shall have the same effect as if the act or thing had been done by or to the Attorney-General.

(7)  Where any function or power is performed or exercised by the Solicitor-General in accordance with a delegation under this section, and its performance or exercise depends on the opinion, belief, or state of mind of the Attorney-General, that function or power may be performed or exercised by the Solicitor-General on his own opinion, belief, or state of mind.

(8)  No person shall be concerned to see or to inquire whether any act, matter, or thing done or performed by the Solicitor-General when purporting to act in accordance with a delegation under this section is or is not authorized by that delegation.