s.40Delegation by Chief Officer
40
Section 40Part 4 — Ministries and Portfolios - Duties of Ministries, Portfolios and Chief Officers

Delegation by Chief Officer

←→ Navigate  ·  Click subsection badges to collapse  ·  Press ? for help

The chief officer of a ministry or portfolio may only delegate that person's duties and powers under this Act to another public officer in that person's ministry or portfolio, in accordance with this section.
Unless the terms and conditions of the delegation otherwise provide, a person to whom duties or powers are delegated by a chief officer under this section may, in turn, delegate those duties or powers to any person to whom those duties or powers could have been delegated under subsection (1).
A delegation under this section may be made to a specified person or person of a specified group or to the holder or holders for the time being of a specified office or offices.
A delegation under this section —
shall be in writing;
may be made on such terms and conditions as the delegant thinks fit; and
may be revoked at any time by written notice from the delegant to the delegate.
Except to the extent that the terms and conditions of the delegation otherwise provide, a person to whom any duties and powers are delegated under this section may perform those duties and powers in the same manner and with the same effect as if they have been conferred on the person directly and not by delegation.
No delegation under this section shall affect or prevent the performance of any of the duties and powers of the delegant, nor shall any such delegation affect the responsibility of that person for the actions of the delegate.
Any delegation under this section, until it is revoked, shall continue in force, notwithstanding that the delegant has ceased to hold office as such, and shall continue to have effect as if made by the successor or successors of the delegant.

Referenced By