s 20G Assignment of function or power to public body
20G.—(1) The Minister may assign any of his or her functions and powers under this Division to any public body.[Act 37 of 2022 wef 01/01/2024] (2) Where the public body is not one for which the Minister is the responsible Minister, the Minister must consult the responsible Minister for the public body on the assignment.[Act 37 of 2022 wef 01/01/2024] (3) An assignment under this section —(a) must be made by order in the Gazette; (b) may be general or limited; (c) may be subject to conditions that are consistent with the nature of the assigned function or power; (d) may be to 2 or more public bodies at the same time; and (e) does not prevent the Minister from carrying out or exercising the assigned function or power.[Act 37 of 2022 wef 01/01/2024] (4) Upon an assignment being made under this section —(a) the public body, when carrying out the function or exercising the power assigned to it, is treated as carrying out a function or exercising a power conferred on the public body under the Act that establishes it; and (b) the public body must carry out the function or exercise the power assigned to it in accordance with any directions given by the Minister.[Act 37 of 2022 wef 01/01/2024] (5) A member of the public body who is not from the public sector must not be involved in the carrying out of a function or the exercise of a power assigned to the public body.[Act 37 of 2022 wef 01/01/2024] (6) The public body must not delegate a function or power assigned to it, to any of its members, or to any other person, who is not from the public sector.[Act 37 of 2022 wef 01/01/2024] (7) Without affecting any obligation as to secrecy or other restriction against the disclosure of information imposed by any law or contract —(a) a member of the public body who is from the public sector; or (b) a person who has been delegated a function or power assigned to the public body, that receives or obtains any information for the purposes of this Division, must not disclose or provide access to such information to a member of the public body, or any other person, who is not from the public sector. [Act 37 of 2022 wef 01/01/2024] (8) Subsection (7) does not apply to the following information:(a) information the disclosure of which has been approved by the Minister; (b) information relating to a person —(i) for which consent for disclosure has been obtained from the person; or (ii) that is already in the possession of the public body; (c) information that is publicly available.[Act 37 of 2022 wef 01/01/2024] (9) The public body may carry out a function or exercise a power assigned to it despite the absence of a quorum at any meeting of the public body because of subsection (5) or (7), and the absence of a quorum does not affect the validity of anything done by the public body at the meeting.[Act 37 of 2022 wef 01/01/2024] (10) This section does not permit the assignment of —(a) any power to make subsidiary legislation; and (b) the power of assignment in this section.[Act 37 of 2022 wef 01/01/2024]