Western Australian Consolidated Acts

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HEALTH ACT 1911 - SECT 39

39 .         Powers of the Minister

        (1)         All the powers, rights, and authorities vested in the CEO, Executive Director, Personal Health, Executive Director, Public Health or any local government shall, whenever he deems fit, be exercisable by the Minister, and when so exercised shall, if so ordered by the Minister, supersede any act, direction, notice, or order of the CEO, Executive Director, Personal Health, Executive Director, Public Health or local government; and every officer, and employee of the local government (whether a member thereof or not) and the CEO, Executive Director, Personal Health, Executive Director, Public Health and every other public officer and employee assisting in the administration of this Act, shall at all times obey any order or direction of the Minister; and such officers and employees, for the purpose of carrying out such orders and directions, shall have all the powers of the CEO, Executive Director, Personal Health, Executive Director, Public Health or local government, whether conferred by Act, regulation, local law, or otherwise.

        (2)         All orders, directions, authorities, consents, and receipts made or given, or purporting to be made or given, by such officer or employee in any way relating to the purpose in respect of which he was authorised by the Minister to act shall, by all courts, officers, and persons be deemed and taken to have the same force and effect as if such orders, directions, authorities, consents, or receipts (as the case may be) had been given by the CEO, Executive Director, Personal Health, Executive Director, Public Health or local government.

        (3)         The Minister may make orders as to the costs of inquiries or proceedings under this Act, and as to the parties by whom, or the fund out of which, such costs shall be borne.

        (4)         When any such order has been made, a verified copy thereof may be filed in the office of the Master of the Supreme Court, and may thereupon be enforced in the same manner as if it were an order of that Court.

        [Section 39 amended by No. 28 of 1984 s. 27; No. 14 of 1996 s. 4; No. 28 of 1996 s. 20; No. 28 of 2006 s. 251.]



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