Western Australian Current Acts Western Australian Current Acts (1) The Minister may
delegate any power or duty of the Minister under section 124(2)(a) or (b) to a
public body or an office holder in a public body.
(2) In subsection (1)
—
public body means —
(a) a
Minister of the State; or
(b) an
agency or an organisation as those terms are defined in the
Public Sector Management Act 1994 section 3(1); or
(c) a
body, or the holder of an office, post or position, established by the
Governor or a Minister; or
(d) a
body, whether incorporated or not, or the holder of an office, that is
established or continued for a public purpose under a written law and that,
under the authority of a written law, performs a statutory function on behalf
of the State; or
(e) any
other body, or the holder of an office, post or position, that is prescribed
as a public body for the purposes of this definition,
but does not include a local government, regional
local government or regional subsidiary.
(3) The delegation
must be in writing executed by the Minister.
(4) A person to whom a
power or duty is delegated under this section cannot delegate that power or
duty.
(5) A person
exercising or performing a power or duty that has been delegated to the person
under this section is to be taken to do so in accordance with the terms of the
delegation unless the contrary is shown.
(6) Nothing in this
section limits the ability of the Minister to perform a function through an
officer or agent.
[Section 125 amended: No. 26 of 2016 s. 29.]