Acts Interpretation Act 1901

PART 7 - POWERS, FUNCTIONS AND DUTIES  

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History

Pt 7 heading substituted by No 46 of 2011, s 3 and Sch 1 item 62, applicable on and after 27 December 2011, in relation to Acts enacted before, on or after 27 December 2011. For transitional regulations, see note under Part 1 heading. The heading formerly read:

PART VII - POWERS CONFERRED AND DUTIES IMPOSED BY ACTS

SECTION 34A  

34A   EXERCISE OF POWERS AND PERFORMANCE OF FUNCTIONS OR DUTIES THAT DEPEND UPON THE OPINION ETC. OF DELEGATES  

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If:

(a) under an Act, a person ' s exercise of a power, or a person ' s performance of a function or duty, is dependent upon the person ' s opinion, belief or state of mind in relation to a matter; and

(b) that power, function or duty has been delegated under that or any other Act;

the delegate may exercise that power, or may perform that function or duty, upon the delegate ' s opinion, belief or state of mind in relation to that matter.

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History

S 34A substituted by No 46 of 2011, s 3 and Sch 1 item 90, applicable on and after 27 December 2011, in relation to Acts enacted before, on or after 27 December 2011. For transitional regulations, see note under Part 1 heading. For saving provisions, see note under s 33(1) .

S 34A formerly read:

SECTION 34A EXERCISE OF CERTAIN POWERS AND FUNCTIONS BY A DELEGATE  
34A
Where, under any Act, 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 that or any other Act, that power or function may be exercised by the delegate upon the opinion, belief or state of mind of the delegate in relation to that matter.

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