20/Aug/2004 - Current (at 31 Dec 2005)
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    8. Delegation by chief executive officer

    (1) The chief executive officer may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to the Executive Director (Corrective Services), his deputy or some other officer any of his powers or duties under this Act, other than this power of delegation and his powers and duties under sections 9, 35, 87, 88, 104, 105 and 106.

    (1a) The chief executive officer may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to the Executive Director (Corrective Services) any of his powers and duties under sections 9, 87, 88, 104, 105 and 106.

    (2) For the purposes of this Act, the exercise of a power or the performance of a duty by a delegate under this section shall be deemed to be the exercise of the power or the performance of the duty by the chief executive officer.

    (3) A delegation under this section may be made to a specified person or to the holder or holders of a specified office or class of offices.

    (4) A delegation under this section may

    (a) be made subject to such conditions, qualifications, and exceptions as are set out in the instrument of delegation;

    (b) be revoked or varied by instrument in writing signed by the chief executive officer.

    (5) Where under this Act the exercise of a power or the performance of a duty by the chief executive officer is dependent upon his opinion, belief, or state of mind in relation to a matter and the power or duty has been delegated under this section, the power or duty may be exercised or performed by the delegate upon the opinion, belief, or state of mind of the delegate in relation to that matter.

    (6) The chief executive officer may exercise a power or perform a duty notwithstanding that he has delegated its exercise or performance under this section.

    [Section 8 amended by No. 47 of 1987 s. 6 and 11; No. 113 of 1987 s. 32; No. 31 of 1993 s. 57.]



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.