Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The CEO may, by
instrument, delegate any of the CEO’s functions under this Act other
than a power specified in subsection (2) to any person
except —
(a) a
contractor or an employee or agent of a contractor; or
(b) a
subcontractor or an employee or agent of a subcontractor.
(2) The following
powers of the CEO cannot be delegated under subsection (1) —
(a) the
power to delegate under subsection (1);
(b) the
power to enter into a contract under section 18;
(c) a
Schedule power that the CEO has under section 21;
(d) the
power to give directions under section 22(3) in relation to whether or
not a Schedule power can be exercised by a contract worker or a member of a
class of contract workers, or as to the manner in which, or conditions on
which, a power is to be exercised;
(e) the
power to authorise a person to exercise a Schedule power under
section 25;
(f) the
power to have access to a place, and to authorise a person to have access to a
place under section 42(1);
(g) the
power to declare work to be high-level security work under section 49;
(h) the
power to intervene in a contract under section 59 or to terminate or
suspend a contract under section 60;
(i)
the power to appoint or engage an administrator under
section 61 or 62;
(j) the
power to sign an evidentiary certificate under section 99.
(3) A function
performed by a delegate under this section is to be taken to be performed by
the CEO.
(4) Where a delegate
performs a function under a delegation under this section the delegate is to
be taken to have performed the function in accordance with the delegation
unless the contrary is shown.
(5) Nothing in this
section is to be read as limiting the ability of the CEO to act through his or
her officers and agents in the normal course of business.