Electoral (Administration) Amendment Act 2011

6 Electoral Commission may delegate functions, duties, or powers to non-employees

(1)

Section 9 (as substituted on 1 October 2010 by section 7 of the Electoral (Administration) Amendment Act 2010) is amended as from its commencement on 1 October 2010 by omitting “In addition to the persons listed in section 73(1) of the Crown Entities Act 2004, the Electoral Commission may delegate any of its functions, duties, or powers, either generally or specifically,” and substituting “The Electoral Commission’s board may under section 73 of the Crown Entities Act 2004 delegate any of the Commission’s functions or powers, either generally or specifically, not only to any person or persons listed in section 73(1) of the Crown Entities Act 2004, but also”.

(2)

Section 9 (as so substituted) is amended as from its commencement on 1 October 2010 by adding as subsections (2) and (3) the following subsections:

(2)

The electoral official may (without limiting the definition of that term in section 3(1)) be a person of one of the following kinds that the Electoral Commission engages for the purpose of assisting with the performance of its functions:

(a)

a body corporate:

(b)

an individual who holds an office in, or is employed by, a body corporate.

(3)

The provisions of the Crown Entities Act 2004, including in particular sections 74 (powers of delegate), 75 (effect of delegation), and 76 (revocations), apply in respect of a delegation by virtue of this section to any electoral official who is engaged (rather than employed) by the Electoral Commission as if it were a delegation under section 73 of the Crown Entities Act 2004 to any person or persons listed in section 73(1) of the Crown Entities Act 2004.