Co-operatives National Law (NSW)

If this Law authorises a person or body to delegate a function, the person or body may, in accordance with this Law and any other applicable law, delegate the function to—

a person or body by name; or

a specified officer, or the holder of a specified office, by reference to the title of the office concerned.

The delegation may be—

general or limited; and

made from time to time; and

revoked, wholly or partly, by the delegator.

The delegation, or a revocation of the delegation, must be in, or evidenced by, writing signed by the delegator or, if the delegator is a body, by a person authorised by the body for the purpose.

A delegated function may be exercised only in accordance with any conditions to which the delegation is subject.

The delegate may, in the exercise of a delegated function, do anything that is incidental to the delegated function.

A delegated function that purports to have been exercised by the delegate is taken to have been properly exercised by the delegate unless the contrary is proved.

A delegated function that is properly exercised by the delegate is taken to have been exercised by the delegator.

If, when exercised by the delegator, a function is dependent on the delegator’s opinion, belief or state of mind, then, when exercised by the delegate, the function is dependent on the delegate’s opinion, belief or state of mind.

If—

the delegator is a specified officer or the holder of a specified office; and

the person who was the specified officer or holder of the specified office when the delegation was made ceases to be the holder of the office;

the delegation continues in force; and

the person for the time being occupying or acting in the office concerned is taken to be the delegator for the purposes of this clause.

If—

the delegator is a body; and

there is a change in the membership of the body;

the delegation continues in force; and

the body as constituted for the time being is taken to be the delegator for the purposes of this clause.

If a function is delegated to a specified officer or the holder of a specified office—

the delegation does not cease to have effect merely because the person who was the specified officer or the holder of the specified office when the function was delegated ceases to be the officer or the holder of the office; and

the function may be exercised by the person for the time being occupying or acting in the office concerned.

A function that has been delegated may, despite the delegation, be exercised by the delegator.

The delegation of a function does not relieve the delegator of the delegator’s obligation to ensure that the function is properly exercised.

Subject to subclause (15), this clause applies to a subdelegation of a function in the same way as it applies to a delegation of a function.

If this Law authorises the delegation of a function, the function may be subdelegated only if the Law expressly authorises the function to be subdelegated.