Barrister AI
All legislation
WAAct
In force
This is the latest official compilation.Check the official source →
s 5

Public officers may be authorised to exercise powers

In force
Part 1Preliminary

5 Public officers may be authorised to exercise powers

(1)

For the purposes of this Act and in particular the definition of public officer in section 3, another Act or the regulations made under this Act may —

(a)

prescribe an office to which people are appointed under a written law for a public purpose and a function of which is the investigation of offences; and

(b)

in respect of that office, specify those of the powers in this Act that a holder of that office may exercise, being powers that this Act provides may be exercised by a public officer.

(2)

A public officer may only exercise a power under this Act in relation to an offence if —

(a)

the office held by the public officer has been prescribed under subsection (1)(a); and

(b)

the power is one that has been specified under subsection (1)(b) as one that the officer may exercise; and

(c)

the offence is one that the officer, by virtue of being such an officer, is authorised to investigate or prosecute.

Research tools for this sectionPro

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.