Western Australian Current Acts Western Australian Current Acts (1) A power or duty
conferred or imposed on an enforcement agency may be delegated —
(a) if
the enforcement agency is the Chief Health Officer, in accordance with
section 9; or
(b) if
the enforcement agency is a local government, to —
(i)
the chief executive officer of the local government; or
(ii)
an authorised officer designated by the local government;
or
(c) if
the enforcement agency is a person or body, or a person or body within a class
of persons or bodies, prescribed by the regulations, to an authorised officer
designated by the agency.
(2) A delegation under
subsection (1)(b) or (c) must be in writing.
(3) Without limiting
the Interpretation Act 1984 section 59, the exercise or performance by a
delegate of an enforcement agency of a power or duty delegated under
subsection (1)(b) or (c) is subject to any condition or restriction imposed
under section 20 on the exercise or performance by the enforcement agency of
the power or duty.
(4) Subsection (5)
applies if —
(a) the
regulations expressly authorise a delegated power or duty of an enforcement
agency referred to in subsection (1)(b) or (c) to be further delegated; and
(b) the
delegated power or duty is further delegated to a person or body in accordance
with those regulations.
(5) If this subsection
applies, subsection (3) applies to the exercise or performance by the person
or body of that power or duty as if it were exercised or performed, and
delegated, as described in subsection (3).