Constitution Amendment Act 1999 No 86, Public Act

Act by section

3 New sections inserted
  • The principal Act is amended by inserting, after section 9, the following sections:

    9A Solicitor-General may perform functions of Attorney-General
    • The Solicitor-General may perform a function or duty imposed, or exercise a power conferred, on the Attorney-General.

      Compare: 1924 No 11 s 4; 1952 No 81 s 27

    9B Appointment of person to act in place of Solicitor-General
    • (1) The Governor-General may appoint a barrister or solicitor of at least 7 years' practice to act—

      • (a) In place of, or for, the Solicitor-General during the absence from office of the Solicitor-General or if the Solicitor-General is incapacitated in a way that affects the performance of his or her duties; or

      • (b) During a vacancy in the office of Solicitor-General.

      (2) The performance of a function or duty or the exercise of a power by a person appointed under subsection (1) is, in the absence of proof to the contrary, sufficient evidence of the authority of that person to do so.

      Compare: 1924 No 11 s 25B(1), (2); 1979 No 71 s 2

    9C Delegation of powers of Attorney-General and Solicitor-General
    • (1) The Solicitor-General may, with the written consent of the Attorney-General, in writing delegate to a Deputy Solicitor-General, any of the functions or duties imposed, or powers conferred, on the Attorney-General.

      (2) The Solicitor-General may in writing delegate to a Deputy Solicitor-General any of the functions or duties imposed, or powers conferred, on the Solicitor-General, except for the power to delegate conferred by this subsection.

      (3) A delegation is revocable and does not prevent the Attorney-General or the Solicitor-General from performing the function or duty or exercising the power.

      (4) A delegation may be made on conditions specified in the instrument of delegation.

      (5) The fact that a Deputy Solicitor-General performs a function or duty or exercises a power is, in the absence of proof to the contrary, sufficient evidence of his or her authority to do so.