Part 6Administrative provisions
Appointments and delegations
105Delegation to authorised persons
A principal officer or chief technical officer may delegate to any person any of his or her functions, powers, or duties under this Act, except for—
- this power of delegation; and
- the power to appoint inspectors and authorised persons.
Any delegation under this section may be made on such terms and conditions as the person delegating the power thinks fit, and may be revoked at any time by notice in writing to the delegate.
Except as provided in the instrument of delegation, every person to whom a function, power, or duty has been delegated under this section may, without confirmation by the person delegating the function, power, or duty, exercise or perform the function, power, or duty in the same manner and with the same effect as the person so delegating could himself or herself have exercised or performed it.
Every person authorised to act under a delegation under this section is presumed to be acting in accordance with its terms in the absence of proof to the contrary.
A delegation under this section does not affect the performance or exercise of any function, power, or duty by the person on whom the function, power, or duty is conferred or imposed.
Notes
- Section 105(1): replaced, on , by section 5 of the Biosecurity Amendment Act 2005 (2005 No 91).