National Parks Board Act 1996 · 2020 Revised Edition · Part 3 · Functions and Powers of Board
10. Ability to delegate, etc.
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The Board may delegate the performance or exercise of any of its functions, duties or powers under this Act or any other Act, either generally or specially, to any of the following persons by resolution and written notice to the person or persons:
Board
“Board” means the National Parks Board established under the repealed National Parks Act in force before 1 July 1996 and continued by section 3;
a member of the Board;
the Chief Executive, any employee of the Board or any other person performing duties in the Board;
a committee of the Board appointed under section 9;
a wholly-owned subsidiary company of the Board;
a person engaged as a contractor by the Board.
A delegation by the Board under subsection (1) of the performance or exercise of any of its functions, duties or powers —
to a person in subsection (1)(a), (b) or (c) may authorise the delegate to subdelegate the performance or exercise of the function, duty or power to another member, an appropriately qualified employee of the Board or person performing duties in the Board (called in this Act a subdelegate); or
to a person in subsection (1)(d) or (e) may authorise the delegate to subdelegate the performance or exercise of the function, duty or power to an appropriately qualified employee of that delegate (also called in this Act a subdelegate),but subject to the same restrictions, and with the same effect, as if the subdelegate were the delegate.
Subsections (1) and (2) do not apply to —
the power to borrow money;
the power to raise or grant loans or advances to or subscribe to stocks, shares, bonds or debentures of a company or corporation; or
any other function, duty or power under this Act or any other Act administered by the Board that is declared by this Act or that Act to be non‑delegable.
A subdelegate to whom a function, duty or power of the Board is subdelegated under this section is not authorised to further delegate that function, duty or power to anyone else.
subdelegate
“subdelegate” means a person to whom a delegate under section 10(2) further delegates the performance or exercise of any of the Board’s functions, duties or powers;
A delegation or subdelegation in accordance with this Act is not affected by any change in the membership of the Board or of any committee or by any change in the Chief Executive or any employee.
Chief Executive
“Chief Executive” means the Chief Executive of the Board and includes any person acting in that capacity;
A delegate (or subdelegate) who purports to perform a function or duty or exercise a power under delegation (or subdelegation) —
is taken to do so in accordance with the terms of a delegation (or subdelegation) under this section, unless the contrary is shown; and
must produce evidence of the delegate’s (or subdelegate’s) authority to do so, if reasonably requested to do so.
In this section —
a reference to a wholly‑owned subsidiary company of the Board includes a company limited by guarantee the sole member of which is the Board; and
a reference to a person performing duties in the Board includes a person performing duties in the Board under a contract, or under an arrangement making available temporarily to the Board the services of public officers (or secondment).