Power of Minister to delegate
306 Power of Minister to delegate
S. 306(1) amended by No. 32/2010 s. 68(a).
The Minister may delegate, by instrument, to any person or class of persons any power, discretion, function, authority or duty of the Minister under this or any other Act or under any subordinate instrument made under this Act, other than—
S. 306(1)(a) amended by No. 12/1996 s. 8(8)(b).
subject to subsection (2), this power of delegation; and
S. 306(1)(b) amended by Nos 62/1995 s. 23(5), 110/1997 s. 25(5), 5/2002 s. 52(a)–(c), 99/2005 s. 66, 85/2006 s. 124, 28/2007 s. 3(Sch. item 75.5), 32/2010 s. 68(b), 23/2019 s. 96(1).
the Minister's powers under sections 4, 22A, 27 to 32A, 32E to 32G, 33AAB(1), 33AD, 47DA, 48MA, 62A, 232, 232B, 283(3B), 287AH(2)(b) and 307.
S. 306(2) inserted by No. 12/1996 s. 8(9).
If any power, discretion, function, authority or duty of the Minister as an Authority to which Division 4 of Part 10 applies is delegated under this section, the Minister may also delegate to the delegate the power of delegation conferred by this section in relation to the power, discretion, function, authority or duty so delegated.
S. 306(3) inserted by No. 12/1996 s. 8(9).
A delegate to whom a power of delegation is delegated under this section may, subject to the terms of the instrument of delegation, sub‑delegate, by instrument, to any person or class of persons any power, discretion, function, authority or duty delegated to the delegate under this section, other than the power of sub-delegation.
S. 306(4) inserted by No. 12/1996 s. 8(9).
Sections 42 and 42A of the Interpretation of Legislation Act 1984 apply in relation to a sub-delegation in the same manner as they apply in relation to a delegation.
S. 306(5) inserted by No. 23/2019 s. 96(2).
To avoid doubt, if the Minister delegates a power, discretion, function, authority or duty under section 232A, 287A, 287AG or 287AH(1) or (2)(a) to an Authority, the Minister may give directions in writing to the Authority in relation to the exercise or performance of the power, discretion, function, authority or duty.
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