Western Australian Consolidated Acts

STATE SUPPLY COMMISSION ACT 1991 - SECT 29

29 .         Contracts made by Commission

        (1)         In any contract made by the Commission for the purposes of this Act other than Part 3A, the Commission does not act as agent for any public authority unless —

            (a)         the contract expressly provides that the Commission acts as agent for a public authority; and

            (b)         the Commission is authorised so to act by the public authority.

        (2)         Notwithstanding any rule of law to the contrary, for the purposes of any legal action taken in respect of a contract entered into by the Commission for the benefit, whether wholly or partly, of a public authority or other person or body who or which is not a party to the contract (including a contract entered into under Part 3A) —

            (a)         the Commission may recover damages for any loss suffered due to a breach of that contract as if the loss was suffered by the Commission, notwithstanding that the loss was suffered by the public authority or other person or body;

            (b)         any moneys paid to the Commission in respect of loss suffered by the public authority or other person or body due to a breach of that contract shall be paid without any deductions, other than costs, to that public authority, person or body; and

            (c)         any moneys for which the Commission would, but for this paragraph, be liable in respect of loss suffered by another party to the contract due to the actions of the public authority or other person or body shall be paid by the public authority, person or body.

        [Section 29 amended by No. 97 of 1994 s. 12.]