Western Australian Consolidated Acts

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LITTER ACT 1979 - SECT 26

26 .         Authorised officers

        (1)         For the purposes of this Act an authorised officer is —

            (a)         any member of the Police Force;

            (b)         any person appointed as such pursuant to subsection (2) within the area of jurisdiction entrusted to him by the appointment;

            (c)         within the district of a local government, any person who is —

                  (i)         a member of the council of the local government;

                  (ii)         an employee of the local government; or

                  (iii)         an honorary inspector appointed by the local government under section 27AA.

        (2)         The Minister may appoint —

            (a)         any officer or employee of the Council appointed or engaged under section 15(1);

            (b)         any officer or employee whose services the Council makes use of by arrangement under section 16(1);

            (c)         any person who is or acts in the office of —

                  (i)         an inspector, under the Environmental Protection Act 1986 ;

                  (ii)         a conservation and land management officer, forest officer, wildlife officer or ranger, under the Conservation and Land Management Act 1984 ;

        [(iii), (iv)         deleted]

                  (v)         a member of the staff of The Western Australian Museum constituted by the Museum Act 1969 ;

                  (vi)         an inspector or honorary warden, under the Waterways Conservation Act 1976 ;

                  (vii)         a fisheries officer referred to in the Fish Resources Management Act 1994 ;

                  (viii)         a bush fire liaison officer, under the Bush Fires Act 1954 ; or

                  (ix)         an inspector, under the Western Australian Marine Act 1982 ;
                or

            (d)         any person who holds or acts in an office of a public authority being an office prescribed in the regulations,

                to be an authorised officer for the purposes of this Act either in respect of the whole of the State or any part thereof defined in the appointment.

        (3)         A person holding office as an authorised officer by virtue of subsection (1)(c) —

            (a)         has within the district in respect of which he holds office the duties of and powers of an authorised officer under this Act, and may exercise those powers within that district;

            (b)         may exercise the powers conferred on him by this Act in relation to any person whom he has reason to believe is concerned in a contravention of this Act notwithstanding that such person is not then within the district in respect of which he holds office if that person was pursued from that district or is known to have been in that district at the time of the contravention.

        (4)         A person who is appointed as an authorised officer pursuant to subsection (2) —

            (a)         has within the area of jurisdiction entrusted to him by the appointment the duties and powers of an authorised officer under this Act, and may exercise those powers within that area;

            (b)         may exercise the powers conferred upon him by this Act in relation to any person whom he has reason to believe is concerned in a contravention of this Act notwithstanding that such person is not then within the area of jurisdiction entrusted to him if that person was pursued from that area or is known to have been in that area at the time of the contravention; and

            (c)         shall be issued with a certificate of his appointment as an authorised officer in the prescribed form, evidencing the area of jurisdiction entrusted to him under this Act, which he shall, on reasonable demand, produce for inspection by any person.

        [Section 26 amended by No. 49 of 1981 s. 4; No. 53 of 1994 s. 264; No. 24 of 1995 s. 55; No. 14 of 1996 s. 4; No. 28 of 2006 s. 215.]



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