Opinion Number. 572

Subject

DELEGATION OF MINISTERIAL POWERS
WHETHER DELEGATION CAN BE MADE TO HOLDER OF SPECIFIED OFFICE

Key Legislation

POST AND TELEGRAPH ACT 1901, s.8

Date
Client
The Secretary, Postmaster-General's Department

The Secretary, Postmaster-General's Department, forwards the following memorandum for advice:

I am to inform you it is proposed to delegate certain powers to District Inspectors under section 8 of the Post and Telegraph Act, and to ask if you will kindly advise me whether, in doing so, it will be necessary for the Minister to mention the name of the Inspector to whom the power is delegated, or whether it will be sufficient to issue the delegation to the Inspector of the District in which it is to apply.

In my opinion a delegation under section 8 of the Post and Telegraph Act may be made to the holder of a specified office, as such, without mentioning the name of the officer.

Of course delegation under this section is only necessary when the power being dealt with is a statutory power of the Postmaster-General.

[Vol.13, p.99]