Western Australian Current Acts

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39 .         Delegation by Commissioner

        (1)         The Commissioner may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him delegate to a police officer of or above the rank of inspector any of his powers under this Act, other than this power of delegation.

        (2)         For the purposes of this Act, the exercise of a power by a delegate under this section shall be deemed to be the exercise of the power by the Commissioner.

        (3)         A delegation under this section may be —

            (a)         made subject to such conditions, qualifications and exceptions as are set out in the instrument of delegation;

            (b)         revoked or varied by instrument in writing signed by the Commissioner.

        (4)         The Commissioner may exercise a power notwithstanding that he has delegated its exercise under this section.

        (5)         If, under this Act, the exercise of a power by the Commissioner is dependent on his opinion, belief or state of mind in relation to a matter and the power has been delegated under this section, the power may be exercised by the delegate on the opinion, belief or state of mind of the delegate in relation to the matter.

        [Section 39 amended: No. 44 of 1995 s. 14.]

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