Delegation of functions or powers
27A Delegation of functions or powers
If an Act authorises a person or body to delegate a function or power, the person or body may, in accordance with the Act and any other applicable law, delegate the function or power 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.
If the delegator is a body, the delegation may be made or revoked by a resolution of the body.
All conditions and preliminary steps required for the exercise of a delegation are presumed to have been satisfied and performed unless the contrary is established.
Laws apply to the delegate, and to other persons in relationship to the delegate, in the performance of the delegated function or in the exercise of a delegated power as if the delegate were the delegator.
Anything done by or in relation to the delegate in relation to the delegation is taken to have been done by or in relation to the delegator.
Example—Under an Act an evidentiary certificate purporting to be signed by an office holder is evidence of the content in any proceeding (the facilitation provision). The Act confers a general power of delegation on the office holder. The office holder uses the power to delegate the function of issuing the certificate to someone else. Under subsections (3C) and (3D) (and (6) and (7)), the facilitation provision is taken to provide for the certificate purporting to be signed by the delegate as having been signed by the delegator.
A delegated function or power may be exercised only in accordance with any conditions to which the delegation is subject.
The delegate may, in the performance of a delegated function or in the exercise of a delegated power, do anything that is incidental to the delegated function or power.
A delegated function or power that purports to have been performed or exercised by the delegate is taken to have been properly performed or exercised by the delegate unless the contrary is proved.
A delegated function or power that is properly performed or exercised by the delegate is taken to have been performed or exercised by the delegator.
If, when performed or exercised by the delegator, a function or power is dependent on the delegator’s opinion, belief or state of mind, then, when performed or exercised by the delegate, the function or power 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 officer or holder of the office;
then—
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 section.
If—
the delegator is a body; and
there is a change in the membership of the body;
then—
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 section.
If a function or power 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 or power was delegated ceases to be the officer or the holder of the office; and
the function or power may be performed or exercised by the person for the time being occupying or acting in the office concerned.
A function or power that has been delegated may, despite the delegation, be performed or exercised by the delegator.
The delegation of a function or power does not relieve the delegator of the delegator’s obligation to ensure that the function or power is properly performed or exercised.
Subject to subsection (12), this section applies to a subdelegation of a function or power in the same way as it applies to a delegation of a function or power.
If an Act authorises the delegation of a function or power, the function or power may be subdelegated only if the Act expressly authorises the function or power to be subdelegated.
Writing purporting to be, or to contain, a delegation, or the revocation of a delegation, is evidence of the delegation or revocation.
A certificate signed by the delegator (or, if the delegator is a body, by a person authorised by the body for the purpose) stating anything in relation to a delegation is evidence of the thing.
A document purporting to be a certificate mentioned in subsection (14) is taken to be the certificate, and to have been properly given, unless the contrary is established.
Authority to delegate a person’s or body’s powers includes authority to delegate doing an act or making a decision for performing a function of the person or body.
In this section—power includes doing an act or making a decision for the purpose of performing a function.
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