39Delegation by Secretary

39 Delegation by Secretary S. 39(1) amended by No. 49/2019 s. 69. (1) The Secretary by instrument may delegate to any person any power, duty or function of the Secretary conferred or imposed by or under any Act including, subject to subsection (3), this power of delegation. S. 39(1A) inserted by No. 8/2019 s. 153. (1A) The Secretary must not delegate a function of the Secretary under section 7 of the **West Gate Tunnel (Truck Bans and Traffic Management) Act 2019** unless the Secretary is authorised to carry out that function. (b) in relation to the holder, or the holder from time to time, of an office specified, or of each office in a class of offices specified, in the instrument of delegation. (3) A person to whom a power, duty or function has been delegated under subsection (1) may, subject to and in accordance with the instrument of delegation under subsection (1), by instrument delegate to another person that power, duty or function. (4) Sections 42 and 42A of the **Interpretation of Legislation Act 1984** apply to a sub-delegation under subsection (3) as if it were a delegation. Pt 3 Div. 3A (Headings and ss 39A–39C) inserted by No. 49/2019 s. 11.