Instrument may provide when delegation has effect etc
234 Instrument may provide when delegation has effect etc
The instrument making or evidencing a delegation may provide—
that the delegation has effect only in stated circumstances or subject to stated conditions, limitations or directions; or
that all of a function, or a stated part of the function, is delegated.
Examples
1 The delegation provides that, when the appointer (Y) is outside Australia, the delegate (X) may exercise her functions except that stated functions may only be exercised with Y’s approval.
2 The delegation provides that X may enter into a contract for the purchase of property of not more than $50 000 in value.
3 The delegation provides that X may grant licences under a stated Act but that, in considering applications, X must take account of the policy of the agency (authorised by the Act) that there should not be more than 100 licences current at any time.
This Act’s bill:Explanatory statementSecond reading speech
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