Div 1Commissioner of Highways

Division 1—Commissioner of Highways 8—Creation of Commissioner of Highways (1) There shall be a Commissioner of Highways who shall, subject to the Minister, be charged with the duty of carrying this Act into effect. (2) The Commissioner shall be a body corporate by the name of the "Commissioner of Highways", and by that name shall have perpetual succession and a common seal. 9—Judicial notice of seal of Commissioner Judicial notice shall be taken of the incorporation and of the common seal of the Commissioner; and the production of any deed, instrument, or writing, if sealed with the said seal, shall be sufficient proof of the due making and execution of such deed, instrument, or writing. 10—Appointment of Commissioner (1) The Governor may appoint a person as Commissioner of Highways. (2) A person appointed under this section will, subject to this Act, hold office for a term of five years from the date of appointment, and is, on expiration of a term of office, eligible for reappointment. 11—Remuneration of the Commissioner (1) The Commissioner shall be paid such salary and allowances as are determined from time to time by the Governor in relation to the office of the Commissioner. (2) This section is sufficient authority for the payment of the salary and allowances referred to in subsection (1) from the Highways Fund. 12—Dismissal of Commissioner from office (1) The Governor may, at any time, dismiss the Commissioner from office— (a) for misbehaviour or incompetence; or (b) if the Commissioner is adjudicated insolvent, or makes a statutory assignment for the benefit of the Commissioner's creditors, or compounds with the Commissioner's creditors for less than one hundred cents in the dollar; or (c) if the Commissioner wilfully absents themself from duty for a period of fourteen consecutive days except on leave granted by the Minister; or (d) if he becomes in any way, except as Commissioner, concerned or interested in any contract made by or on behalf of the Commissioner, or in any way participates or claims to be entitled to participate directly or indirectly in the profits thereof, or in any benefit or emolument arising therefrom. (2) Except as provided by subsection (1) of this section no Commissioner shall be dismissed from the Commissioner's office during the term thereof unless an address praying for the Commissioner's dismissal is presented to the Governor from both Houses of Parliament in one session, or from one House in one session, and from the other in the next session. (3) If the Commissioner becomes a member of the Executive Council or of either House of Parliament of the State or of the Commonwealth, the Commissioner will thereupon cease to hold office as Commissioner. 12A—Commissioner may delegate (1) The Commissioner may delegate any functions, powers or duties of the Commissioner under this Act (except this power of delegation)— (a) to a public sector employee; or (b) to a member or employee of a council; or (c) to any other person. (2) A delegation under this section— (a) must be by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the power of the Commissioner to act in any matter; and (d) is revocable at will by the Commissioner. (3) Where at any time before the commencement of the Highways Act Amendment Act 1979 the Commissioner conferred, or purported to confer, upon any other person an authority to act on the Commissioner's behalf, that authority shall be deemed to have been lawfully conferred. 13—Ministerial control (1) The Commissioner is subject to the control and direction of the Minister. (2) A direction given by the Minister under this section must be in writing.