Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A Joint Authority
may, by instrument in writing, delegate to a person, either generally or as
otherwise provided in the instrument, any of its powers under this
Act other than this power of delegation.
(2) If a power
delegated under subsection (1) is exercised by the delegate, the power
must, for the purposes of this Act, be taken to have been exercised by the
Joint Authority.
(3) A delegation under
this section may be expressed as a delegation to the person from time to
time holding or performing the duties of a specified office, including an
office —
(a) in
the service of; or
(b) in
the service of an authority of; or
(c)
under the law of,
the Commonwealth or
another State.
(4) A delegate of a
Joint Authority is, in the exercise of delegated powers, subject to the
directions of the Joint Authority.
(5) A delegation of a
power under this section —
(a) may
be revoked, by instrument in writing, by the Joint Authority (whether or not
constituted by the persons constituting the Joint Authority at the time the
power was delegated); and
(b) does
not prevent the exercise of the power by the Joint Authority; and
(c)
continues in force despite any change in the membership of the Joint
Authority.
(6) A certificate
signed by a member of a Joint Authority stating any matter with respect to a
delegation under this section by the Joint Authority is evidence of that
matter.
(7) A document
purporting to be a certificate referred to in subsection (6) must, unless
the contrary is established, be taken to be such a certificate and to have
been duly given.
(8) Nothing in this
section —
(a)
limits the operation of sections 58 and 59 of the
Interpretation Act 1984 ; or
(b) is
intended to prevent the delegation by a Joint Authority, in accordance with
the law of the Commonwealth, of powers conferred on the Joint Authority by
that law.
[Section 19 amended by No. 43 of 2011
s. 10.]