Powers under the applied Western Australian laws
8G Powers under the applied Western Australian laws
If, by an applied Western Australian law, a power is vested in:
a Minister of Western Australia; or
the Governor of Western Australia; or
the Governor‑in‑Council of Western Australia;
that power is, in relation to the Territory, vested in the Minister instead of the person or authority mentioned in paragraph (a), (b) or (c) of this subsection.
If:
by an applied Western Australian law, a power is vested in a person (other than a court officer of Western Australia) or an authority (other than a court of Western Australia); and
subsection (1) does not apply to that power;
the power is, in relation to the Territory, vested in the Minister instead of the person or authority mentioned in paragraph (a) of this subsection.
To avoid doubt, a reference in subsection (1) or (2) to a power vested in a person or authority by an applied Western Australian law does not include a reference to a power so vested, whether directly or indirectly, because of an Ordinance made for the purposes of subsection 8A(2).
Under subsection 8A(2), an Ordinance may provide for the incorporation, amendment or repeal of a law in force in the Territory under section 8A.
Delegation etc.
If a power is vested in the Minister under subsection (1) or (2), the Minister may, in writing:
direct that the power is also vested in a person or authority; or
delegate the power to a person or authority.
A direction or delegation under subsection (3) is subject to such conditions as may be specified:
in the direction or delegation; or
in the case of a deemed direction under subsection (5A) or (5B)—in writing, by the Minister.
A person or authority in whom a power is vested by a direction under paragraph (3)(a) may delegate the power, in writing, to another person or authority:
if authorised to do so by the direction; or
in the case of a deemed direction under subsection (5A) or (5B)—if authorised to do so, in writing, by the Minister.
Deemed vesting of powers—Western Australian persons and authorities exercising powers in Cocos (Keeling) Islands
If a power is vested in the Minister under paragraph (1)(a) or subsection (2), the Minister is taken to have directed under paragraph (3)(a) that the power is also vested in another person or authority in the circumstances that:
the person or authority is subject to an arrangement under section 8H and is:
an officer or employee of Western Australia; or
an authority established by or under a Western Australian law; or
an officer or employee of such an authority; and
the power corresponds to a power that the person or authority is authorised, under a Western Australian law, to exercise in, or in a part of, Western Australia:
whether in the person’s or authority’s own right; or
whether in the capacity of a delegate; or
whether in any other way.
Deemed vesting of powers—other persons and authorities exercising powers in Cocos (Keeling) Islands
If a power mentioned in column 1 of an item of the following table is vested in the Minister under paragraph (1)(a) or subsection (2), the Minister is taken to have directed under paragraph (3)(a) that the power is also vested in a person or authority mentioned in column 2 of the item.
Deemed vesting of powers—other persons and authorities exercising powers in Cocos (Keeling) Islands | ||
|---|---|---|
Item | Column 1 | Column 2 |
1 | A power that corresponds to a power vested by a Western Australian law in a police force (however described) | The Australian Federal Police |
2 | A power that corresponds to a power vested by a Western Australian law in a police officer (however described) holding, occupying or exercising the powers of a particular kind of office or position | A member or special member of the Australian Federal Police holding, occupying or exercising the powers of a corresponding office or position in the Territory |
3 | A power that corresponds to a power vested by a Western Australian law in a body (a local government body) responsible for local government under such a law | The Cocos (Keeling) Islands Shire |
4 | A power that corresponds to a power vested by a Western Australian law in a person holding, occupying or exercising the powers of a particular kind of office or position on or with a local government body | A person holding, occupying or exercising the powers of a corresponding office or position on or with the Cocos (Keeling) Islands Shire |
5 | A power that corresponds to a power, vested by a Western Australian law, that is prescribed by an Ordinance for the purposes of this item | A person or authority prescribed by that Ordinance |
The Minister may, in writing, direct that subsection (5A) or (5B) does not apply to a specified power.
A direction under subsection (6) may be unconditional or subject to such conditions (if any) as are specified in the direction.
Other matters
An instrument under this section may identify a power by reference to a class of powers.
The validity of the exercise of a power under an applied Western Australian law by a person or authority under this section is unaffected by the failure of the person or authority to hold a qualification required of a person or authority exercising that power under a Western Australian law.
This section does not affect the operation of section 8A in relation to the application in or in relation to the Territory of a law (a subordinate law) made under a Western Australian law, whether the subordinate law is made after this section’s commencement or not.
Subject to any direction or delegation made under this section, if a power vested by an applied Western Australian law in a person or authority (the first mentioned person or authority) is vested in another person or authority under this section, each reference in any applied Western Australian law to the first mentioned person or authority is taken to include a reference to the other person or authority.
An instrument under this section is not a legislative instrument.
This Act’s bill:Second reading speech
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