Document ID: chunk:federal_register_of_legislation:C2004A04041:section:1990:p65
Version: federal_register_of_legislation:C2004A04041
Segment Type: section
Provision Reference: s 1990 (pt 65/212)
Character Range: 171771–174492

any sick or absent holder of such office or place.

SCHEDULE 1—continued

"(9) Where the power of such a person or authority to make any such appointment is only exercisable upon the recommendation or subject to the approval or consent of some other person or authority, the power to make an appointment to act in an office or place or the power of removal is, unless the contrary intention appears, only exercisable upon the recommendation or subject to the approval or consent of that other person or authority.

"(10) Where this Law confers a power to make, grant or issue an instrument (including rules, regulations or by-laws) prescribing penalties not exceeding a specified amount or imprisonment for a specified period, that limitation on the penalties that may be prescribed does not prevent the instrument from requiring the making of a statutory declaration.

Power to determine includes authority to administer oath

"109zc. Any court, Judge, justice of the peace, officer, commissioner, arbitrator, or other person authorised by law, or by consent of parties, to hear and determine any matter, has authority to receive evidence and examine witnesses and to administer an oath to all witnesses legally called before them respectively.

Delegations

"109zd. Where this Law confers power to delegate a function or power, then, unless the contrary intention appears, the power of delegation is not limited to delegating the function or power to a specified person but includes a power to delegate the function or power to any person from time to time holding, occupying, or performing the duties of, a specified office or position.

Effect of delegation

"109ze. Where this Law confers power on a person or body (in this section called the 'authority') to delegate a function or power:

     (a) the delegation may be made either generally or as otherwise provided by the instrument of delegation; and

     (b) the powers that may be delegated do not include that power to delegate; and

     (c) a function or power so delegated, when performed or exercised by the delegate, is, for the purposes of this Law, taken to have been performed or exercised by the authority; and

     (d) a delegation by the authority does not prevent the performance or exercise of a function or power by the authority; and

     (e) if the authority is not a person, section 109zf applies as if it were.

SCHEDULE 1—continued

Exercise of certain powers and functions by a delegate

"109zf. Where, under this Law, the exercise of a power or function by a person is dependent upon the opinion, belief or state of mind of that person in relation to a matter and that power or function has been delegated in pursuance of this Law or