Western Australian Consolidated Acts

HERITAGE OF WESTERN AUSTRALIA ACT 1990 - SECT 17

17 .         Evidence of Treasurer’s approval etc.

        (1)         In relation to any power of approval or direction on the part of the Treasurer provided for in this Act the Treasurer may, by an instrument signed by the Treasurer, delegate all or any of those powers to an officer of the Treasury and thereupon — 

            (a)         the person to whom power is so delegated may exercise the power in the same manner and with the same effect as if the power were directly conferred upon the officer by this Act and not by delegation; and

            (b)         a person who purports to exercise power pursuant to a delegation conferred under this subsection is presumed to do so in accordance with the terms of the delegation in the absence of proof to the contrary.

        (2)         Where under this Act the approval of the Treasurer is required in relation to any transaction or any matter is or may be affected by a direction given by the Treasurer, if the person for the time being holding or acting in the office of Under Treasurer of the State is satisfied — 

            (a)         that the Council has complied with this Act and any such direction of the Treasurer;

            (b)         that any requirements of the Treasury as to — 

                  (i)         the disclosure to the Treasury of relevant information;

                  (ii)         the terms and conditions applicable and the manner by which the transaction is to be effected; and

                  (iii)         the form and content of any security or other document required to be executed relating to the proposals,

                have been met; and

            (c)         that the approval required by this Act in respect thereto has been given,

                that person may give a signed certificate, in a form agreed with the parties to the relevant transaction, expressed to have been prepared in respect of that transaction and to be given for the purposes of this section, as to the matters referred to in this subsection.

        (3)         A certificate given under subsection (2) shall be conclusive evidence of the facts therein stated as between the parties to the original transaction or their successors or assignees in any proceedings arising from or relating to that transaction.