Western Australian Current Acts Western Australian Current 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.
(7) Subsection (1)
does not authorise —
(a) the
Minister to delegate any of the Minister’s powers or duties under the
Health (Miscellaneous Provisions) Act 1911 , the Human Tissue and Transplant
Act 1982 or the Public Health Act 2016 ; or
(b) the
CEO or the Chief Health Officer to delegate any of their powers or duties
under the Health (Miscellaneous Provisions) Act 1911 .
[Section 9 amended: No. 28 of 2006 s. 255; No. 19
of 2016 s. 155; No. 41 of 2022 s. 34(2).]