Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A person
authorised by the Minister, a member of the Authority, an officer of the
Authority, an authorised CALM Act officer, a member of the Police Force,
or a local government, may institute and carry on proceedings against a person
for an offence alleged to be committed against this Act.
(2) The person
instituting and carrying on the proceedings shall be reimbursed out of the
funds of the local government within whose district the alleged offence is
committed, all costs and expenses which he may incur or be put to in or about
the proceedings.
(3) A local government
may, by written instrument of delegation, delegate authority generally, or in
any class of case, or in any particular case, to its bush fire control
officer, or other officer, to consider allegations of offences alleged to have
been committed against this Act in the district of the local government
and, if the delegate thinks fit, to institute and carry on proceedings in the
name of the local government against any person alleged to have committed any
of those offences in the district, and may pay out of its funds any costs and
expenses incurred in or about the proceedings.
(4) A local government
may by written instrument cancel, or from time to time vary, any instrument of
delegation conferred under subsection (3).
(5) Notwithstanding
that a local government has under subsection (3) conferred authority on a
delegate, the local government is not precluded from exercising but may itself
exercise the authority.
[Section 59 amended by No. 35 of 1957
s. 10; No. 11 of 1963 s. 25; No. 65 of 1977 s. 41;
No. 14 of 1996 s. 4; No. 42 of 1998 s. 16; No. 38 of 2002
s. 36 and 40(1); No. 59 of 2004 s. 141; No. 19 of 2010
s. 52(4).]