Western Australian Consolidated Acts (1) Subject to this
section, the Minister, the CEO or a prescribed officer (hereinafter referred
to as the delegator ) on whom a power is conferred or duty is imposed by any
Act to which this Act applies (hereinafter referred to as a relevant
Act ) may, either generally or as otherwise provided by the instrument of
delegation, by writing signed by him, delegate to a person (hereinafter
referred to as the delegate ) any of his powers or duties under that Act,
other than this power of delegation.
(2) For the purposes
of a relevant Act, the exercise of a power or the performance of a duty by a
delegate under this section shall be deemed to be the exercise of the
power or the performance of the duty by the delegator.
(3) A delegation under
this section may be made to a specified person or to persons of a
specified class, or may be made to the holder or holders for the time being of
a specified office or class of offices.
(4) A delegation under
this section may —
(a) be
made subject to such conditions, qualifications and exceptions as are set out
in the instrument of delegation;
(b) be
revoked or varied by instrument in writing signed by the delegator.
(5) The delegator may
exercise a power or perform a duty notwithstanding that he has delegated its
exercise or performance under this section.
(6) This
section is in addition to, and not in derogation of, any power to
delegate conferred on a delegator by a relevant Act.
[Section 9 amended by No. 28 of 2006
s. 255.]