Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Responsibility for
the administration of this Act is vested in the Minister, who shall be advised
and assisted by the Council.
(2) The Minister may,
in writing, give to the Council directions of a general character with respect
to its functions and, subject to subsection (3), the Council shall give
effect to any such direction.
(3) In relation to its
function of giving advice and the evaluation of the cultural heritage
significance of any place the Council is not required to give effect to a
direction of the Minister.
(4) The text of any
direction received by the Council under subsection (2) shall be included
in the annual report submitted by the accountable authority of the Council
under Part 5 of the Financial Management Act 2006 .
(5) The Council shall
furnish, or cause to be furnished, to the Minister —
(a) all
documents and information required under any Act or any order or resolution of
either House of Parliament; and
(b) full
information on all business of the Council as to which the Minister requires
information —
(i)
for the proper conduct of the Minister’s public
business;
(ii)
to enable answers to be made to all questions asked in
Parliament concerning the Council; or
(iii)
to enable the Minister to furnish returns required by
Parliament.
(6) The Minister shall
be entitled —
(a) at
all times to see all documents in the possession or control of the Council
that the Minister requires to see for any purpose mentioned in
subsection (5);
(b) to
be supplied with copies of documents referred to in paragraph (a); and
(c) to
make use of the services of any person employed, engaged or utilised by the
Council for the purposes of obtaining access to or copies of documents
referred to in paragraph (a).
(7) The Minister may
delegate, either generally or as otherwise provided by the instrument of
delegation, to —
(a) the
Chairperson, or any officer or other person appointed or engaged under
section 27;
(b) a
public authority, or an officer or employee of a public authority; or
(c) any
other person,
specified in the
instrument of delegation (in this section called the delegate ) all or any of
the powers and duties of the Minister under this Act, other than the power to
give directions to the Council and this power of delegation.
(8) Where the power to
delegate conferred by subsection (7) is exercised, the Minister shall
cause the name or title of the delegate and the subject matter of the
delegation to be published in the Gazette .
(9) A power or duty
delegated by the Minister under this section shall, if exercised or performed
by the delegate, be exercised or performed in accordance with the instrument
of delegation.
[Section 6 amended by No. 77 of 2006
s. 17.]