Section 5 — Land Transfer Act 1952: Delegation of Registrar's powers and duties

5 Delegation of Registrar's powers and duties (1) The Registrar may from time to time, either generally or particularly, delegate to any employee of the chief executive of the Department or any other suitable person any of the Registrar's powers or duties under this Act or any other Act other than— (a) Any power or duty under any of sections 172 , 173 , 175 , 216 , 217 , 218 , 222 , 225 , 226 , 229 , 231 , 232 , and 238 of the principal Act: (b) The power of delegation conferred by this section. (2) Any delegation may be made to a specified person or to persons of a specified class, or to the holder or holders of a specified office. (3) Every delegation is revocable in writing at any time. (4) No delegation affects or prevents the exercise of any power or the performance of any duty by the Registrar, nor does it affect the responsibility of the Registrar for the actions of any person acting under the delegation. (5) Any delegation continues in force according to its tenor, despite any change in the person holding office as the Registrar. (6) Subject to any general or special directions given by the Registrar, the person to whom any powers or duties are delegated may exercise those powers or perform those duties in the same manner and with the same effect as if they had been conferred on that person directly and not by delegation. (7) In the absence of proof to the contrary, an employee of the chief executive of the Department purporting to act under a delegation under this section is presumed to be acting in accordance with its terms. (8) If any person who is not an employee of the chief executive of the Department is purporting to act under a delegation under this section, that person is presumed to be acting in accordance with the terms of a delegation in the absence of proof to the contrary but must provide evidence of the delegation if so requested. Sections 5 and 6 were substituted, as from 1 February 1999, by section 35 Land Transfer (Automation) Amendment Act 1998 (1998 No 123). Subsection (1) was amended, as from 1 June 2002, by section 40(1)(a) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11), by inserting the words “ or any other suitable person ” after the words “ any employee of the chief executive of the Department ” . Subsection (1) was amended, as from 1 June 2002, by section 40(1)(b) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11), by inserting the words “ under this Act or any other Act ” after the words “ powers or duties ” . Subsection (8) was inserted, as from 1 June 2002, by section 40(2) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11).