Western Australian Current Acts

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PROCUREMENT ACT 2020 - SECT 17

17 .         Reallocation of investigative and audit functions of Department CEO

        (1)         In this section —

        relevant State agency means any State agency other than —

            (a)         the Department; or

            (b)         a department of the Public Service whose chief executive officer is a person who is deemed to be the chief executive officer of that department by or under the Public Sector Management Act 1994 section 4.

        (2)         The Minister may assign the performance of specified functions of the Department CEO under Part 6, or the performance of any such function in a particular matter, to a relevant State agency.

        (3)         The Minister may do so —

            (a)         for the purpose of enhancing the independent performance of investigative and audit functions; or

            (b)         for the purpose of dealing with a conflict of interest in a particular matter; or

            (c)         for any other reason the Minister considers appropriate for the effective administration of this Act.

        (4)         Before assigning the performance of a function under this section, the Minister must obtain the concurrence of the Minister responsible for the relevant State agency to which the assignment is to be made.

        (5)         If the performance of a function is assigned under this section, a reference in this Act or an instrument under this Act to the Department CEO is, in connection with the performance of the function, taken to be a reference to the relevant State agency to whom the performance of the function is assigned.

        (6)         Subsection (5) extends to a reference to the Department CEO in section 16.

        (7)         The Minister may revoke an assignment under this section at any time.

        (8)         The Minister must publish notice of an assignment under this section, or the revocation of any such assignment, in the Gazette .



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