Effect of delegation
34AB Effect of delegation
General
Where an Act confers power on a person or body (in this section called the authority) to delegate a function, duty or power:
the delegation may be made either generally or as otherwise provided by the instrument of delegation;
the powers that may be delegated do not include that power to delegate;
a function, duty or power so delegated, when performed or exercised by the delegate, shall, for the purposes of the Act, be deemed to have been performed or exercised by the authority;
a delegation by the authority does not prevent the performance or exercise of a function, duty or power by the authority; and
if the authority is not a person, section 34A applies as if it were.
Addition of functions, duties or powers
If:
a person (the delegator) or body (also the delegator) delegates all the person’s or body’s functions, duties or powers under an Act, or a provision of an Act, to another person or body; and
the Act is amended to give the delegator one or more additional functions, duties or powers under the Act or provision; and
the delegation is in force immediately before the amendment takes effect;
then, on and after the amendment taking effect, the delegation is taken to include the additional functions, duties or powers.
Alteration of functions, duties or powers
If:
a person or body delegates one or more of the person’s or body’s functions, duties or powers under an Act, or a provision of an Act, to another person or body; and
the Act is amended to alter the scope of one or more of those functions, duties or powers under the Act or provision; and
the delegation is in force immediately before the amendment takes effect;
then, on and after the amendment taking effect, the delegation is taken to include the functions, duties or powers as altered.
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