29Delegation

29 Delegation

(1) The Attorney‑General may, either generally or as otherwise provided in the instrument of delegation, by writing signed by him or her, delegate to a person all or any of his or her powers under this Act other than this power of delegation or the powers under Part IV. (1A) However, a delegation under subsection (1) does not extend to the power: (a) to make or revoke an order under Part II; or (b) to make an application under section 8; or (c) to give consent for the purposes of subsection 9(2); or (d) to serve notices or make orders under Division 2 of Part III; in any case: (e) that relates to a prisoner or remand prisoner who is subject to an order under Part IV; or (f) in which making or revoking the order, making the application, giving the consent or serving the notice would involve consideration of questions of security. (2) A power delegated under subsection (1), when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Attorney‑General. (3) A delegation under subsection (1) does not prevent the exercise of a power by the Attorney‑General. (4) The appropriate Minister of a State may, either generally or as otherwise provided in the instrument of delegation, by writing signed by him or her, delegate to a person all or any of his or her powers under this Act other than this power of delegation or the powers under Part IV. (5) A power delegated under subsection (4) by the appropriate Minister of a State, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the appropriate Minister of that State. (6) A delegation under subsection (4) by the appropriate Minister of a State does not prevent the exercise of a power by the appropriate Minister of that State.