Immigration Act 1987

  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
131 Delegation of powers of Minister
  • (1) The Minister may from time to time, by writing under the Minister's hand, delegate to any immigration officer or any visa officer all or any of the powers conferred upon the Minister by this Act, except this power of delegation and the powers conferred by or referred to in Part 4A, or in any of sections 13B(1)(b), 13C(2), 14B(2), 17A(2), 18A(3), 18B(3) and (4), 18E(5), 20(1), 20A(1), 31(3), 49(3) and (4), 72, 73, 91, 92, and 129N(3) and (4), or in any of clauses 1(2), 1A, and 1B of Schedule 3A, clauses 1(2), 1A, and 1B of Schedule 3B, and clauses 1(2), 2, and 3 of Schedule 3C.

    (2) The immigration officer or visa officer to whom any such delegation may be made may be an officer referred to by name or the officer who for the time being and from time to time holds a specified position.

    (3) Every such delegation shall be revocable at will, and no such delegation shall prevent the exercise of any power by the Minister.

    (4) Any such delegation may be made subject to such restrictions and conditions as the Minister thinks fit, and may be made either generally or in relation to any particular case.

    (5) Any such delegation shall, until revoked, continue in force according to its tenor, notwithstanding the fact that the Minister by whom it was made has ceased to hold office, and shall continue to have effect as if made by the successor in office of that Minister.

    (6) The fact that any immigration officer or visa officer exercises any power of the Minister, other than a power referred to in subsection (1) of this section, shall, in the absence of proof to the contrary, be sufficient evidence that the officer has been authorised to do so by a delegation under this section.

    Section 131(1): substituted, on 18 November 1991, by section 41 of the Immigration Amendment Act 1991 (1991 No 113).

    Section 131(1): substituted, on 1 October 1999, by section 42(1) of the Immigration Amendment Act 1999 (1999 No 16).

    Section 131(2): amended, on 1 October 1999, by section 42(2) of the Immigration Amendment Act 1999 (1999 No 16).

    Section 131(6): amended, on 1 October 1999, by section 42(2) of the Immigration Amendment Act 1999 (1999 No 16).