Acts Interpretation Amendment Act 2011 (46 of 2011)

Schedule 1   Main amendments

Acts Interpretation Act 1901

81   Before section 34AA

Insert:

34AAB Minister may authorise others to perform functions or duties or exercise powers on his or her behalf

(1) A Minister (the authorising Minister ) who administers (whether alone or jointly with one or more other Ministers) an Act or a provision of an Act may authorise:

(a) a Minister who does not administer the Act or provision; or

(b) a member of the Executive Council who is not a Minister;

to act on behalf of the authorising Minister in the performance of functions or duties, or the exercise of powers, that the authorising Minister may perform or exercise under the Act or provision.

(2) An authorisation under subsection (1) in relation to an Act or a provision of an Act extends to the performance of functions or duties, or the exercise of powers, that the authorising Minister may perform or exercise under an instrument (including a regulation, rule or Proclamation) having effect under or for the purposes of the Act or provision.

(3) Subject to subsection (4), an authorisation under subsection (1) may be expressed:

(a) to have effect only during a period or periods, or during the existence of a circumstance or circumstances, referred to in the authorisation; or

(b) to take effect immediately, or at a time referred to in the authorisation, and afterwards to continue to have effect until another person is appointed to the office held by the authorising Minister.

(4) An authorisation under subsection (1) may be revoked at any time by the authorising Minister.

(5) An authorisation under subsection (1), and the revocation of such an authorisation, must be in writing.

(6) This section does not affect the giving, under a power existing apart from this section, of an authorisation to a Minister or other member of the Executive Council to act on behalf of another Minister.