22Delegation

22 Delegation S. 22(1) amended by No. 28/2005 s. 31. (1) The Commission may, by instrument, delegate to an officer or employee of the Commission any function or power of the Commission under this Act, other than this power of delegation. S. 22(2) amended by No. 28/2005 s. 31. (2) The Commission may, by an instrument, delegate to any person any function or power of the Commission under any other Act, other than this power of delegation. S. 22(3) amended by Nos 32/1988 s. 7(1)(a)(i)(ii), 28/2005 s. 31. (3) The Commission may, by instrument, delegate to any person any functions or powers of the Commission under Part 5 or Part 7 or, insofar as they relate to its functions and powers under Part 7, its functions or powers under Part 9 including, subject to subsection (4), this power of delegation. (4) A person to whom a function or power has been delegated under subsection (1), (2) or (3) may, subject to and in accordance with the approval of the Commission given generally or in a particular case, by instrument or, if a body corporate, by instrument under seal, authorize another person to perform the function or exercise the power so delegated. (5) An authority given by a delegate of the Commission under subsection (4) may be revoked at any time by the delegate by instrument in writing and, where a delegation under which the authority was given is revoked, the authority is revoked. (6) Any act or thing done in the performance of a function or the exercise of a power by a person authorized by a delegate of the Commission under subsection (4) to perform that function or exercise that power has the same force or effect as if it had been done by the Commission. (7) Where the performance of a function or the exercise of a power by the Commission is dependent on the opinion, belief or state of mind of the Commission in relation to a matter and that function or power has been delegated under subsection (1), (2) or (3) that function or power may be performed or exercised by the delegate or by a person authorized by the delegate under subsection (4) upon the opinion, belief or state of mind of the delegate or of the authorized person, as the case may be, in relation to that matter. (8) The giving of an authority under subsection (4) does not prevent a performance of the function or the exercise of the power by the person by whom the authority was given. S. 22(9) amended by No. 32/1988 s. 7(1)(b)(i)(ii). (9) Where a person purports to perform a function or exercise a power under Part 5 or Part 7, or, insofar as it relates to functions and powers under Part 7, under Part 9, it shall be presumed, unless the contrary is established, that the person is duly authorized by a delegation under subsection (3) or by an authority under subsection (4) given pursuant to such a delegation to perform the function or exercise the power. (10) The giving of an authority under subsection (4) may be made subject to such conditions or limitations as to the performance or exercise of any of the functions or powers to which it relates or as to time or circumstance as is specified in the authority. S. 23 repealed by No. 44/1989 s. 41(Sch. 2 item 42.1), new s. 23 inserted by No. 84/1994 s. 25.