Delegation of chief executive’s powers, duties, and functions

156 Delegation of chief executive’s powers, duties, and functions

(1)

With the written consent of the Minister of Customs, the chief executive may, from time to time, either generally or particularly, by writing under his or her hand, delegate to a Customs officer all or any of the powers, duties, and functions conferred or imposed on the chief executive by or under this Act.

(2)

No delegation under subsection (1) includes the power to delegate under that subsection.

(3)

Subject to any general or special directions given, or conditions imposed, from time to time by the Minister of Customs or the chief executive, as the case may be, the officer to whom any powers are delegated may exercise those powers in the same manner and with the same effect as if they had been conferred on him or her directly by this Act and not by delegation.

(4)

Every Customs officer who appears to act under a delegation under this section is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.

(5)

A delegation under this section—

(a)

may be made to a specified person or to the holder or holders for the time being of any specified office or class of offices; and

(b)

is revocable at will, and the delegation does not prevent the exercise of any power by the chief executive; and

(c)

continues in force according to its tenor, until revoked, even if the chief executive by whom it was made has ceased to hold office, and continues to have effect as if made by the successor in office of the chief executive.

Compare: 1953 No 66 s 54K