Western Australian Current Acts

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WATER CORPORATIONS ACT 1995 - SECT 35

35 .         Delegation by corporation

        (1)         A corporation may, by instrument in writing, delegate the performance of any of its functions, except this power of delegation.

        (2)         A delegation under subsection (1) may be made to —

            (a)         a director or directors; or

            (ba)         the chief executive officer; or

            (b)         a member or members of staff; or

            (c)         a committee established under the GTE Act section 26; or

            (d)         any other person.

        (3)         A delegate cannot subdelegate the performance of any function unless he or she is expressly authorised by the instrument of delegation to do so.

        (4)         A function performed by a delegate of a corporation is to be taken to be performed by the corporation.

        (5)         A delegate performing a function under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.

        (6)         Nothing in this section is to be read as limiting the ability of a corporation to act through its officers and agents in the normal course of business.

        (7)         This section does not apply to the execution of documents.

        Note for this subsection:

                Authority to execute documents on behalf of a corporation can be given under the GTE Act section 156.

        [Section 35 amended: No. 25 of 2012 s. 132 and 190; No. 13 of 2023 s. 271.]



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