8GPowers under the applied Western Australian laws

8G Powers under the applied Western Australian laws

(1) If, by an applied Western Australian law, a power is vested in: (a) a Minister of Western Australia; or (b) the Governor of Western Australia; or (c) 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. (2) If: (a) 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 (b) 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. (2A) 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).

Note: 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. (3) If a power is vested in the Minister under subsection (1) or (2), the Minister may, in writing: (a) direct that the power is also vested in a person or authority; or (b) delegate the power to a person or authority. (4) A direction or delegation under subsection (3) is subject to such conditions as may be specified: (a) in the direction or delegation; or (b) in the case of a deemed direction under subsection (5A) or (5B)—in writing, by the Minister. (5) 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: (a) if authorised to do so by the direction; or (b) 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 (5A) 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: (a) the person or authority is subject to an arrangement under section 8H and is: (i) an officer or employee of Western Australia; or (ii) an authority established by or under a Western Australian law; or (iii) an officer or employee of such an authority; and (b) 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: (i) whether in the person’s or authority’s own right; or (ii) whether in the capacity of a delegate; or (iii) whether in any other way. Deemed vesting of powers—other persons and authorities exercising powers in Cocos (Keeling) Islands (5B) 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.