15/Dec/2003 - Current (at 31 Dec 2005)
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    11. Delegation of functions of Commissioner

    (1) In so far as he is authorised so to do by Rules of Parliament made under this Act, or a resolution of both Houses of Parliament the Commissioner may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him delegate to the Deputy Commissioner or any member of the Commissioner's staff the performance of any of the functions of the Commissioner under this Act other than the power to delegate under this section or to make any report or recommendation under this Act.

    (2) A delegation under this section may be made to a specified person or to the holder for the time being of a specified office or to the holders of specified offices.

    (3) Every delegation under this section may be revoked or varied at any time by the Commissioner by instrument in writing under his hand, and no such delegation prevents the exercise of any power by the Commissioner.

    (4) A delegation under this section may be made subject to conditions and restrictions, and may be made generally or in relation to any particular case or class of cases.

    (5) When a Commissioner by whom a delegation is made dies, or ceases to hold, or is suspended from, office, the delegation shall be deemed to continue in force according to its tenor until it is revoked or varied under this section.

    (6) The performance of a function by a delegate under this section shall be deemed to be the performance of the function by the Commissioner.

    (7) A delegate shall, upon request by a person affected by the exercise of any power delegated to him, produce the instrument of delegation, or a copy of the instrument, for inspection.


[Section 11 amended by No. 124 of 1984 s. 3; No. 74 of 2003 s. 91(12).]



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.