Western Australian Current Acts

TERRORISM (PREVENTATIVE DETENTION) ACT 2006 - SECT 51

51 .         Commissioner’s functions may be performed by others

        (1)         In this section —

        authorised means authorised under subsection (3);

        Deputy Commissioner means a police officer who holds or is acting in the office of Deputy Commissioner.

        (2)         The Commissioner’s functions in this Act, other than the power in subsection (3), may be performed —

            (a)         if the office of Commissioner is vacant, or if the Commissioner is on leave or out of the State or otherwise unavailable to exercise the functions — by an authorised Deputy Commissioner; or

            (b)         if paragraph (a) applies but every Deputy Commissioner is on leave or out of the State or otherwise unavailable to exercise the functions — by an authorised police officer who holds or is acting in a rank more senior than Superintendent.

        (3)         The Commissioner, in writing, may authorise one or more Deputy Commissioners or other police officers who hold or are acting in a rank more senior than Superintendent for the purposes of this section.

        (4)         If any of the Commissioner’s functions in this Act is performed by a person other than the Commissioner, the person must notify the Commissioner of the fact as soon as practicable.