Delegation by Minister
85 Delegation by Minister
The Minister by instrument may delegate any function, power or duty of the Minister under this Act, other than a power specified in subsection (2), to the following—
the chief executive officer;
the chairperson of the Authority;
the deputy chairperson of the Authority;
a director or group of directors of the Authority;
a member of staff of the Authority (by name or as the holder of a named position or office);
any other person by name or class of persons, or as the holder of a named position, office or class of office.
For the purposes of subsection (1), the specified powers are the following—
the power of delegation under subsection (1);
any power to issue directions or requests to the Authority and the board;
any power conferred on the Minister to make a recommendation or give advice to the Governor in Council;
the power under section 14 or 15;
the power under section 18;
the power under section 37(3);
the power under section 64;
any other prescribed matter.
A delegation under this section may be made—
in relation to a person or class of persons specified in the instrument of delegation; or
in relation to the holder, or the holder from time to time, of an office specified, or of each office in a class of offices specified, in the instrument of delegation.
A delegate of a power under subsection (1) may, subject to any conditions to which the delegation is subject, sub-delegate that power to any other person or persons or body if the instrument of delegation authorises its sub-delegation.
Sections 42 and 42A of the Interpretation of Legislation Act 1984 apply to a sub-delegation authorised by this section in the same way as they apply to a delegation.
This Act’s bill:Explanatory memorandumSecond reading speech
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