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Transport Planning and Coordination Act 1994
sec.37Delegation by the Minister or the chief executive
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### sec.37 Delegation by the Minister or the chief executive
The Minister or the chief executive (the delegator ) may delegate to a person a function or power of the delegator under this or another Act.
A function or power may be subdelegated if the delegation allows the subdelegation of the function or power.
Proof of a delegation by the chief executive under subsection (1) is not required in a proceeding under this Act or a relevant transport Act unless the defendant gives the entity responsible for prosecuting the proceeding a notice of intention to challenge the delegation at least 10 business days before the hearing date.
The notice must be in the form approved by the chief executive.
In this section—
relevant transport Act means—
the Heavy Vehicle National Law Act 2012 ; or
the Motor Accident Insurance Act 1994 ; or
the Tow Truck Act 2023 ; or
the Transport Infrastructure Act 1994 ; or
the Transport Operations (Marine Pollution) Act 1995 ; or
the Transport Operations (Marine Safety) Act 1994 ; or
the Transport Operations (Passenger Transport) Act 1994 ; or
the Transport Operations (Road Use Management) Act 1995 .
s 37 amd 1995 No. 48 s 7 ; 2006 No. 21 s 150 (1) sch 1 ; 2008 No. 32 s 113 ; 2018 No. 20 s 59 ; 2023 No. 28 s 217
(sec.37-ssec.1) The Minister or the chief executive (the delegator ) may delegate to a person a function or power of the delegator under this or another Act.
(sec.37-ssec.2) A function or power may be subdelegated if the delegation allows the subdelegation of the function or power.
(sec.37-ssec.3) Proof of a delegation by the chief executive under subsection (1) is not required in a proceeding under this Act or a relevant transport Act unless the defendant gives the entity responsible for prosecuting the proceeding a notice of intention to challenge the delegation at least 10 business days before the hearing date.
(sec.37-ssec.4) The notice must be in the form approved by the chief executive.
(sec.37-ssec.5) In this section— relevant transport Act means— the Heavy Vehicle National Law Act 2012 ; or the Motor Accident Insurance Act 1994 ; or the Tow Truck Act 2023 ; or the Transport Infrastructure Act 1994 ; or the Transport Operations (Marine Pollution) Act 1995 ; or the Transport Operations (Marine Safety) Act 1994 ; or the Transport Operations (Passenger Transport) Act 1994 ; or the Transport Operations (Road Use Management) Act 1995 .
- (a) the Heavy Vehicle National Law Act 2012 ; or
- (b) the Motor Accident Insurance Act 1994 ; or
- (c) the Tow Truck Act 2023 ; or
- (d) the Transport Infrastructure Act 1994 ; or
- (e) the Transport Operations (Marine Pollution) Act 1995 ; or
- (f) the Transport Operations (Marine Safety) Act 1994 ; or
- (g) the Transport Operations (Passenger Transport) Act 1994 ; or
- (h) the Transport Operations (Road Use Management) Act 1995 .