Western Australian Consolidated Acts

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ABORIGINAL AFFAIRS PLANNING AUTHORITY ACT 1972 - SECT 21A

21A .         Delegation of certain functions by Aboriginal Lands Trust

        (1)         Subject to this section, when regulations made under this Act —

            (a)         confer on the Minister power to grant an authority to a person to enter or remain in any reserved lands (in this section called an entry authority ); and

            (b)         require the Minister to consult the Trust before granting an entry authority,

                the Trust may by notice published in the Gazette and either generally or as otherwise provided by that notice delegate to —

            (c)         a member of the Trust; or

            (d)         an officer of the Department,

                specified in that notice its functions in respect of the consultation referred to in paragraph (b).

        [(2), (3)         deleted]

        (4)         For the purposes of this Act, the performance of the functions referred to in subsection (1) by the person to whom those functions are delegated shall be deemed to be the performance of those functions by the Trust.

        (5)         A delegation under this section may be —

            (a)         made subject to such conditions, qualifications and exceptions as are set out in the notice concerned; and

            (b)         revoked or varied by notice made by the Trust and published in the Gazette .

        (6)         The Trust may perform any function referred to in subsection (1) notwithstanding that it has delegated that function under this section.

        (7)         To the extent that the performance of any functions which the Trust is empowered by this section to delegate is dependent on the opinion, belief or state of mind of the Trust in relation to a matter, those functions when delegated under this section may be performed by the person to whom they are so delegated on the opinion, belief or state of mind of that person in relation to the matter.

        [(8)         deleted]

        [Section 21A inserted by No. 107 of 1982 s. 3; amended by No. 113 of 1987 s. 32; No. 35 of 2007 s. 88(2); No. 8 of 2010 s. 4.]



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