Western Australian Current Acts Western Australian Current Acts (1) The Attorney
General shall be a lawyer, to be appointed from time to time by the Governor,
and to hold office during the Governor’s pleasure.
(2) The Attorney
General shall be the legal representative of the Crown in the Supreme Court,
and shall have, exercise, and enjoy all the powers, authorities, and
privileges usually appertaining and belonging to the like office in England.
(3) During any vacancy
in the office of Attorney General and during any period for which the Attorney
General is, by reason of his absence from the State, illness, incapacity or
other sufficient cause, unable to discharge the functions of his office, the
Minister for Justice or, if there is no Minister for Justice, such other
Minister of the State as is designated by the Governor by Order in Council,
may exercise all or any of the powers that would be exercisable by the
Attorney General, whether by statute or otherwise.
(4) Where under any
statute or otherwise any act is required or permitted to be done by, to, or
with reference to the Attorney General, then, during any vacancy in the office
of Attorney General and during any period for which the Attorney General is,
by reason of his absence from the State, illness, incapacity or other
sufficient cause, unable to discharge the functions of his office, the act may
be done by, to, or with reference to the Minister for Justice or if there is
no Minister for Justice, such other Minister of the State as is designated by
the Governor by Order in Council.
(5) Notwithstanding
subsections (3) and (4), the Governor may, by Order in Council —
(a)
delegate to the Minister for Justice or such other Minister as he specifies in
the Order in Council any power, function or duty vested or imposed by any
other law of the State in or on the Attorney General; and
(b) from
time to time vary or revoke any delegation made under paragraph (a),
and while any
delegation so made remains in force the Minister for Justice or other Minister
of the State, as the case requires, may exercise and perform the powers,
functions and duties specified in the delegation as validly and effectively as
if he were the Attorney General.
(5a) Notwithstanding
subsections (3) and (4), if in relation to any criminal proceeding in the
Supreme Court or any other court any act is required or permitted to be done
by, to, or with reference to the Attorney General, then, during any vacancy in
the office of Attorney General and during any period for which the Attorney
General is, by reason of his absence from the State, illness, incapacity or
other sufficient cause, unable to discharge the functions of his office, the
act may be done by, to, or with reference to such of the Solicitor-General or
the State Solicitor as the Governor may designate by Order in Council.
(6) Nothing in this
section shall be deemed to give any Minister of the State not being the
Attorney General the right of audience in any court of law.
[Section 154 amended: No. 20 of 1976 s. 2; No. 65
of 2003 s. 69(7), 130(10), (11); No. 84 of 2004 s. 68 and 72; No. 21 of 2008
s. 709(8).]