Western Australian Consolidated Acts

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INTERPRETATION ACT 1984 - SECT 59

59 .         Power to delegate, effect of

        (1)         Where a written law confers power upon a person to delegate the exercise of any power or the performance of any duty conferred or imposed upon him under a written law — 

            (a)         such a delegation shall not preclude a person so delegating from exercising or performing at any time a power or duty so delegated;

            (b)         such a delegation may be made subject to such conditions, qualifications, limitations or exceptions as the person so delegating may specify;

            (c)         if the delegation may be made only with the approval of some person, such delegation, and any amendment of the delegation, may be made subject to such conditions, qualifications, limitations or exceptions as the person whose approval is required may specify;

            (d)         such a delegation 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 office;

            (e)         such a delegation may be amended or revoked by instrument in writing signed by the person so delegating;

            (f)         in the case of a power conferred upon a person by reference to the term designating an office, such a delegation shall not cease to have effect by reason only of a change in the person lawfully acting in or performing the functions of that office.

        (2)         The delegation of a power shall be deemed to include the delegation of any duty incidental thereto or connected therewith and the delegation of a duty shall be deemed to include the delegation of any power incidental thereto or connected therewith.

        (3)         Where under a written law an act or thing may or is required to be done to, by reference to or in relation to, a person and that person has under a written law delegated a relevant function conferred or imposed on him with respect to or in consequence of the doing of that act or thing, the act or thing shall be regarded as effectually done if done to, by reference to or in relation to the person to whom the function has been delegated.



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