Victorian Current Acts Victorian Current ActsS. 500(1) amended by No. 48/2017 s. 36(1).
(1) The Authority may, by instrument, delegate to any person any function or power of the Authority under this Act or any other Act, or regulations made under this Act or any other Act, including, subject to subsection (2), this power of delegation.
S. 500(1A) inserted by No. 48/2017 s. 36(2).
(1A) A delegation under subsection (1) may be made to a person, a class of persons, the holder of an office or position or the holder of each office in a class of offices specified in the instrument of delegation.
(2) A person to whom a function or power has been delegated under subsection (1) may, subject to and in accordance with the approval of the Authority given generally or in a particular case, by instrument in writing, authorise another person to perform the function or exercise the power so delegated.
(3) An authorisation under subsection (2) may be made subject to such conditions or limitations as are specified in the instrument of authorisation.
(4) A function or power performed or exercised by a person authorised under subsection (2) is to be taken to have been performed or exercised by the Authority.
(5) An authority given by a delegate of the Authority under subsection (2) may be revoked at any time by the delegate by instrument in writing and, where a delegation under which the authority was given is revoked, the authority is revoked.
(6) A delegation must not be made under this section to any person, other than the Chief Executive Officer appointed under section 498 or a Director of the Board appointed under section 503 or an officer or employee of the Authority, in respect of any power, function, authority or discretion to which section 10B of the Dangerous Goods Act 1985 applies.
(7) If a person purports to perform a function or exercise a power under this Act, it is to be presumed, unless the contrary is established, that the person is duly authorised by a delegation under subsection (1) or by an authority under subsection (2) given pursuant to a delegation to perform the function or exercise the power.
(8) The giving of an authority under subsection (2) does not prevent a performance of the function or the exercise of the power by the person by whom the authority was given.