22/Dec/2000 - Current (at 31 Dec 2005)
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    51. Superintendent may delegate powers under section 49

    (1) The superintendent of a prison may delegate to a prison officer, by instrument in writing signed by him, all or any of the powers conferred by section 49.

    (2) For the purposes of this Act, the exercise of a power by a delegate under this section shall be deemed to be the exercise of the power by the superintendent.

    (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 superintendent.

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

    (6) The superintendent may exercise a power notwithstanding that he has delegated its exercise under this section.



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.