Western Australian Current Acts

WATER AGENCIES (POWERS) ACT 1984 - SECT 104

104 .         Delegation by Minister

        (1)         The Minister may delegate to —

            (a)         the CEO; or

            (b)         another officer of the Department; or

            (c)         an officer of another department or an employee of an organisation; or

            (d)         another Minister; or

            (e)         the employing authority of another department or organisation; or

            (f)         any other person or body (whether incorporated or not),

                any power or duty of the Minister under a provision of this or a relevant Act (other than this section and sections 14 and 106).

        (2)         Without limiting the things that may be delegated to the CEO under subsection (1), they include things that are to be done in the course of governing the affairs of the Ministerial Body under section 11(4).

        (3)         The delegation must be in writing signed by the Minister.

        (4)         A person to whom a power or duty is delegated under subsection (1)(b), (c) or (f) cannot delegate that power or duty.

        (5)         A delegation under subsection (1)(d) may expressly authorise the other Minister to further delegate the power or duty but only to an officer or employee of a department administered by the other Minister.

        (6)         A delegation under subsection (1)(a) or (e) may expressly authorise the delegate to further delegate the power or duty but only to an officer or employee of the department or organisation.

        (7)         A person exercising or performing a power or duty that has been delegated to the person under, or as authorised under, this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.

        (8)         Nothing in this section limits the ability of —

            (a)         the Minister to perform a function through an officer or agent; and

            (b)         a Minister or employing authority to whom a power or duty is delegated under this section from exercising that power or performing that duty through an officer or agent.

        (9)         In this section, department , employing authority and organisation each have the meaning given to them in section 3 of the Public Sector Management Act 1994 .

        [Section 104 inserted: No. 38 of 2007 s. 134.]