(2) Where the exercise of a power by the Executive in accordance with this Part is dependent upon the opinion, belief or state of mind of the Executive in relation to a matter and a person has, pursuant to subsection (1), been authorised to exercise that power, the power may be exercised by the person so authorised upon his or her opinion, belief or state of mind in relation to the matter.
(3) Subsection (1) does not apply in respect of the exercise of a power of the Executive under subsection 163 (4), 164 (3), 167 (1) or 178 (3).