Western Australian Repealed Acts Western Australian Repealed ActsThis legislation has been repealed.
(1) The Treasurer may,
by writing signed by him, delegate to the Minister all or any of his functions
and powers under this Act with the exception of his power of delegation, and
may in like manner delegate to —
(a) the
Under Treasurer, or any specified officer of the Treasury, the power to make
arrangements with a Bank for the purposes of this Act; and
(b) the
Under Treasurer, or to any specified officer —
(i)
of the Treasury; or
(ii)
so authorized by the Minister for the purposes of a
specified prescribed Scheme,
the power to execute
on behalf of the State any agreement or instrument, including any indemnity,
or to sign any other document, ,id under this Act to give effect to, or vary,
the terms of financial assistance under this Act,
where the rendering or
variation of that financial assistance has been approved by the Treasurer or
by the Minister pursuant to a power delegated to the Minister by the
Treasurer.
(2) A person to whom a
function or power is delegated by the Treasurer under this Act may perform the
function or exercise the power in the same manner and with the same effect as
if the function or owner were directly so conferred by this Act and not by
delegation.
(3) A delegation under
this Act does not prevent the performance of a function or the exercise of a
power by the Treasurer, and may be revoked wholly or in part by the Treasurer
at any time.
(4) Where the
performance of a function or the exercise of a power is dependent upon the
opinion, belief, satisfaction or other state of mind of the Treasurer in
relation to a matter, that function or owner when delegated may be performed
or exercised by the delegate upon the opinion, belief, satisfaction or state
of mind of the delegate in relation to the matter.
(5) Where a person
purports to perform a function or exercise a power conferred on the Treasurer
by this Act, it shall be presumed, unless the contrary is established, that
the person is duly authorized as a delegate of the Treasurer to perform the
function or exercise the power.
(6) A document
purporting to be signed by a person as a delegate of the Treasurer under this
Act shall be deemed, unless the contrary is established, to have been signed
by such a delegate and to have been so signed pursuant to the performance of a
function or the exercise of a power duly delegated to the person by the
Treasurer.
[Section 3A inserted by No. 79 of 1980 s.5;
amended by No. 14 of 1995 s.44.]