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s 88

Delegations by relevant authority

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Part 9Administration
Division 1Relevant authority

88 Delegations by relevant authority

(1)

The relevant authority may delegate a power or function vested or conferred under this Act—

(a)

to a particular person or body; or

(b)

to the person for the time being occupying a particular office or position.

(2)

A power or function delegated under this section may, if the instrument of delegation so provides, be further delegated.

(3)

A delegation—

(a)

may be absolute or conditional; and

(b)

does not derogate from the power of the delegator to act in a matter; and

(c)

is revocable at will by the delegator.

(4)

In any legal proceedings an apparently genuine certificate, purportedly given by the relevant authority, containing particulars of a delegation under this section, will, in the absence of proof to the contrary, be accepted as proof that the delegation was made in accordance with the particulars.

(5)

A power must not be delegated under this section to an enforcement agency or the head of an enforcement agency without the consent in writing of the enforcement agency or the head of the enforcement agency.

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