Document ID: chunk:federal_register_of_legislation:C2024C00838:section:34ab
Version: federal_register_of_legislation:C2024C00838
Segment Type: section
Provision Reference: s 34AB
Character Range: 82355–84235

34AB  Effect of delegation

General
 (1) Where an Act confers power on a person or body (in this section called the authority) to delegate a function, duty or power:
 (a) the delegation may be made either generally or as otherwise provided by the instrument of delegation;
 (b) the powers that may be delegated do not include that power to delegate;
 (c) a function, duty or power so delegated, when performed or exercised by the delegate, shall, for the purposes of the Act, be deemed to have been performed or exercised by the authority;
 (d) a delegation by the authority does not prevent the performance or exercise of a function, duty or power by the authority; and
 (e) if the authority is not a person, section 34A applies as if it were.

Addition of functions, duties or powers
 (2) If:
 (a) a person (the delegator) or body (also the delegator) delegates all the person's or body's functions, duties or powers under an Act, or a provision of an Act, to another person or body; and
 (b) the Act is amended to give the delegator one or more additional functions, duties or powers under the Act or provision; and
 (c) the delegation is in force immediately before the amendment takes effect;
then, on and after the amendment taking effect, the delegation is taken to include the additional functions, duties or powers.

Alteration of functions, duties or powers
 (3) If:
 (a) a person or body delegates one or more of the person's or body's functions, duties or powers under an Act, or a provision of an Act, to another person or body; and
 (b) the Act is amended to alter the scope of one or more of those functions, duties or powers under the Act or provision; and
 (c) the delegation is in force immediately before the amendment takes effect;
then, on and after the amendment taking effect, the delegation is taken to include the functions, duties or powers as altered.