Application—pt 19.4 to subdelegations
231 Application—pt 19.4 to subdelegations
This part applies to the subdelegation of a function in the same way as it applies to the delegation of the function.
However, if the appointer delegates a function to a delegate, the delegate may not subdelegate the function.
Subsection (2) is a determinative provision.
Examples
1 The ABC Act 2003 provides that an appointer (X) may delegate X’s functions to Y. The Act is silent on the subdelegation of the functions. Y may not subdelegate X’s functions to Z.
2 The ABC Act 2003 provides that an appointer (X) may delegate X’s functions to Y, with authority for Y to subdelegate the functions. Because the Act authorises subdelegation, it expressly displaces this Act, section 231 (2) (see s 6). Y can therefore subdelegate X’s functions to Z (compare s 236, which deals with the subdelegation of a power to delegate).
Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement.
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