Acts Interpretation Amendment Act 2011 (46 of 2011)

Schedule 1   Main amendments

Acts Interpretation Act 1901

90   Section 34A

Repeal the section, substitute:

34A Exercise of powers and performance of functions or duties that depend upon the opinion etc. of delegates

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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