Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If 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) by a Western Australian law in force in the Territory under section 8A, that power is, in relation to the Territory:
(a) vested in the Minister; and
(b) only exercisable in accordance with this section.
Note: Under section 19 of the Acts Interpretation Act 1901 a power vested in a Minister may be exercised on his or her behalf by another Minister or member of the Executive Council.
(2) In subsection (1), a power vested in a person or authority by a Western Australian law includes a power vested in the Governor or Governor‑in‑Council of Western Australia by such a law.
(3) The Minister may, in writing:
(a) direct that a power vested in the Minister under subsection (1) is also to be vested in a specified person or authority, being a person or authority to whom subsection (7) applies; or
(b) delegate the power to a specified person, being a person to whom subsection (7) applies.
(4) A person or an authority in whom a power is vested under paragraph (3)(a) may, if the person is so empowered by the Minister in the direction, delegate the power, in writing, to a person to whom subsection (7) applies.
(5) If a power under a Western Australian law as in force in the Territory is a power to delegate a power ( prescribed power ), the Minister or a person or an authority exercising that power under this section may delegate that prescribed power only to a person to whom subsection (7) applies.
(6) The Minister may appoint, on such terms and conditions as are determined by the Minister, such persons as the Minister considers necessary to exercise a power under this section.
(7) This subsection applies to the following persons and authorities:
(a) a person holding or exercising the powers of the office of Administrator or Deputy Administrator of the Territory under the Administration Ordinance 1968 of the Territory;
(b) a person holding or exercising the powers of an office established by an Act;
(c) a person holding or exercising the powers of an office established by a Western Australian law, or a Western Australian law as in force in the Territory under section 8A;
(d) a person holding or exercising the powers of an office established by an Ordinance or a law made under an Ordinance;
(e) an authority (whether incorporated or not) established by an Act;
(f) an authority (whether incorporated or not) established by a Western Australian law, or a Western Australian law as in force in the Territory under section 8A;
(g) an authority (whether incorporated or not) established by an Ordinance or a law made under an Ordinance;
(h) a person appointed or engaged under the Public Service Act 1999 ;
(i) a person employed under a Western Australian law, or a Western Australian law as in force in the Territory under section 8A;
(j) a person employed under the Administration Ordinance 1968 of the Territory;
(k) a person employed by an authority mentioned in paragraph (e), (f) or (g);
(l) a member of the Defence Force;
(m) a member or special member of the Australian Federal Police;
(n) a person appointed by the Minister under subsection (6).
(8) The validity of the exercise of a power under a law by a person or authority under this section is unaffected by the failure of the person or authority to hold a qualification required of a person exercising that power under the law as in force in Western Australia.
(9) This section does not affect the operation of section 8A in relation to the application in or in relation to the Territory of a law ( subordinate law ) made under a Western Australian law, whether the subordinate law is made after this section’s commencement or not.
(10) In this section:
"power includes function or duty, and in that context, exercise" means perform.
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