Act Name (Title of Position) Delegation Year

I, name of person delegating, title of person delegating, insert appropriate text—see accompanying notes.

Dated

Name of person delegating DRAFT ONLY—NOT FOR SIGNATURE

Title of person delegating

Accompanying notes for instruments of delegation

1 Ensuring that a delegation is appropriate

This template is to be used if an Act or instrument provides a power to delegate a power, function or duty. A power, function or duty may be delegated only if there is a specific power in an Act or instrument providing a power to delegate.

An OPC template for instruments of authorisation is on the OPC website, but note that this template is designed to be used only for instruments of authorisation that are to be made under a power given by an Act or instrument.

In addition, you should also have a copy of the document entitled “Instrument Templates—User Guide” which can also be found on OPC’s website with the template documents.

This instrument does not contemplate directions being given to a delegate. If directions are to be given to a delegate, OPC’s principal instrument template can be used.

2 Choosing the name of the instrument

There are a number of elements in the name of an instrument. The name of each instrument should be unique so that it can be accurately identified. The following information should help you to name your instrument appropriately.

2.1 Act name

The Act or instrument name under which the delegation is to be made should be inserted, excluding the reference to “Act” or the kind of the instrument, and the year of the Act or instrument.

For example, a delegation under the Classification (Publications, Films and Computer Games) Act 1995 would include the words “Classification (Publications, Films and Computer Games)” in the instrument name. Similarly, a delegation under the Classification (Publications, Films and Computer Games) Determination 2014 would begin with the words “Classification (Publications, Films and Computer Games)”.

2.2 Title of position

The name of an instrument of delegation should include a reference to the title of the position whose powers, functions and duties are being delegated. For example, a delegation by the ViceChief of the Defence Force under the Defence Act 1903 would be called the Defence (ViceChief of the Defence Force) Delegation 2016.

If the Minister is to delegate powers, functions and duties, then a reference to “(Minister)” is sufficient (not the full title of the Minister).

2.3 Delegations of only particular powers, functions or duties

If powers, functions or duties are to be delegated under only particular provisions, then additional bracketed text, inserted after the title of the position, that describes those powers, functions or duties may also be appropriate. For example, a delegation of the power under section 93A of the Defence Act 1903 (see subsection 120(3E)) could be called Defence (Chief of the Defence Force) (Testing for Prohibited Substances—Authorised Persons) Delegation 2016.

If it is not possible to describe the powers, functions or duties that are to be delegated, and more than one delegation is to be made by a person in that position, then a number, such as “(No. 1)” etc. can be inserted before the year (which is discussed in paragraph 2.5), such as Defence (Chief of the Defence Force) Delegation (No. 1) 2016.

2.4 Delegation

The name of the instrument should refer to “Delegation” in the title.

2.5 Year

Include a reference to the year in which the delegation is to be made.

3 Inserting appropriate text

3.1 Instrument of delegation only

The following text should be inserted if the instrument is only delegating powers, functions and duties. The appropriate information should be included where the text is highlighted in yellow and the yellow highlighting should be removed:

I, name of person delegating, title of person delegating, acting under provision providing power to delegate, delegate my powers and functions under provisions being delegated to [the person occupying or performing the duties of title of position of delegate] OR [each class of delegate].

The provision providing power to delegate is the provision of the Act or instrument that specifically provides a power to delegate powers, functions and duties. The text inserted should refer both to the provision and the name of the Act or instrument (such as “section 15 of the Enabling Legislation Act 2015”).

You should check the delegation provision in the Act or instrument and ensure that the language in the instrument matches exactly the language in the Act or instrument. So, for example, if the delegation provision in an Act allows for “powers, functions and duties” to be delegated, then an instrument made under that provision should refer to “powers, functions and duties” instead of powers and functions.

If all powers, functions and duties under an Act or instrument are being delegated, then the name of that Act or instrument should be inserted where the text above refers to provisions being delegated. If powers, functions and duties under only some provisions of an Act or instrument are being delegated, then only the relevant provisions of that Act or instrument should be inserted in that text (such as “section 23 of the Enabling Legislation Act 2015”).

A delegation is generally not given to particular named persons. Instead, a delegation is generally given in one of the following two ways:

to persons holding particular offices or positions. In this case, the delegation should refer to the person occupying or performing the duties of title of position of delegate;

to each person in a particular class, for example SES employees or acting SES employees (usually in the relevant Department). In this case, the delegation should refer to each class of delegate.

The wording for the two options mentioned in paragraph 18 are shown in square brackets separated by “OR”. Once the wording for the appropriate option has been chosen, the other option, the “OR” and the square brackets should be deleted.

3.2 Instrument of revocation and delegation

The following text should be inserted if the instrument being drafted is to both revoke a previous instrument of delegation and delegate powers, functions and duties. The appropriate information should be included where the text is highlighted in yellow and the yellow highlighting should be removed:

I, name of person delegating, title of person delegating:

(a)	under provision under which previous delegation is revoked, revoke the name of previous instrument of delegation; and

(b)	under provision providing power to delegate, delegate my powers and functions under provisions being delegated to [the person occupying or performing the duties of title of position of delegate] OR [each class of delegate].

The provision under which previous delegation is revoked and the provision providing power to delegate should refer to both the actual provision and the title of the Act or instrument under which the delegation is revoked or made (such as “section 15 of the Enabling Legislation Act 2015”).

The previous instrument of delegation may be revoked:

under a specific provision in the same Act or instrument as the one under which the delegation is made; or

if the Act or instrument is silent on revocation, under the same provision as the delegation is made, as a result of subsection 33(3) of the Acts Interpretation Act 1901 (which deems a power to make an instrument to include a power to revoke an instrument).

You should check the delegation provision in the Act or instrument and ensure that the language in the instrument matches exactly the language in the Act or instrument. So, for example, if the delegation provisions provides for “powers, functions and duties” to be delegated, then the instrument should use the same form of words instead of powers and functions.

If all powers, functions and duties under an Act or instrument are being delegated, then the name of that Act or instrument should be inserted where the text above refers to provisions being delegated. If powers, functions and duties under only some provisions of an Act or instrument are being delegated, then only the relevant provisions of that Act or instrument should be inserted in that text (such as “section 23 of the Enabling Legislation 2015”).

A delegation is generally not given to particular named persons. Instead, a delegation is generally given in one of the following two ways:

to persons holding particular offices or positions. In this case, the delegation should refer to the person occupying or performing the duties of title of position of delegate;

to each person in a particular class, for example SES employees or acting SES employees (usually in the relevant Department). In this case, the delegation should refer to each class of delegate.

The wording for the two options mentioned in paragraph 25 are shown in square brackets separated by “OR”. Once the wording for the appropriate option has been chosen, the other option, the “OR” and the square brackets should be deleted.

4 Name of person delegating the powers

The name of the person delegating the powers, functions and duties, and his or her title, should be inserted where the text is highlighted yellow and the yellow highlighting removed. The words “DRAFT ONLY—NOT FOR SIGNATURE” should be deleted.

5 Before finalising your instrument for signing

Before finalising your instrument of delegation for signing, you should check that you have done the following:

chosen the correct option from sections 3.1 and 3.2 above and inserted the option chosen in the appropriate position;

correctly inserted appropriate text where there is yellow highlighting;

removed all yellow highlighting;

deleted the grey highlighted text “DRAFT ONLY—NOT FOR SIGNATURE”;

deleted these accompanying notes.