Territories Legislation Amendment Act 2020 (154 of 2020)
Schedule 1 Amendments of Territory Acts
Part 1 Applied laws, delegations and other matters
Division 1 Amendments
Cocos (Keeling) Islands Act 1955
40 Subsections 8G(4) to (6)
Repeal the subsections, substitute:
(4) A direction or delegation under subsection (3) is subject to such conditions as may be specified:
(a) in the direction or delegation; or
(b) in the case of a deemed direction under subsection (5A) or (5B) - in writing, by the Minister.
(5) A person or authority in whom a power is vested by a direction under paragraph (3)(a) may delegate the power, in writing, to another person or authority:
(a) if authorised to do so by the direction; or
(b) in the case of a deemed direction under subsection (5A) or (5B) - if authorised to do so, in writing, by the Minister.
Deemed vesting of powers - Western Australian persons and authorities exercising powers in Cocos (Keeling) Islands
(5A) If a power is vested in the Minister under paragraph (1)(a) or subsection (2), the Minister is taken to have directed under paragraph (3)(a) that the power is also vested in another person or authority in the circumstances that:
(a) the person or authority is subject to an arrangement under section 8H and is:
(i) an officer or employee of Western Australia; or
(ii) an authority established by or under a Western Australian law; or
(iii) an officer or employee of such an authority; and
(b) the power corresponds to a power that the person or authority is authorised, under a Western Australian law, to exercise in, or in a part of, Western Australia:
(i) whether in the person's or authority's own right; or
(ii) whether in the capacity of a delegate; or
(iii) whether in any other way.
Deemed vesting of powers - other persons and authorities exercising powers in Cocos (Keeling) Islands
(5B) If a power mentioned in column 1 of an item of the following table is vested in the Minister under paragraph (1)(a) or subsection (2), the Minister is taken to have directed under paragraph (3)(a) that the power is also vested in a person or authority mentioned in column 2 of the item.
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Deemed vesting of powers - other persons and authorities exercising powers in Cocos (Keeling) Islands |
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|---|---|---|
|
Item |
Column 1 |
Column 2 |
|
1 |
A power that corresponds to a power vested by a Western Australian law in a police force (however described) |
The Australian Federal Police |
|
2 |
A power that corresponds to a power vested by a Western Australian law in a police officer (however described) holding, occupying or exercising the powers of a particular kind of office or position |
A member or special member of the Australian Federal Police holding, occupying or exercising the powers of a corresponding office or position in the Territory |
|
3 |
A power that corresponds to a power vested by a Western Australian law in a body (a local government body ) responsible for local government under such a law |
The Cocos (Keeling) Islands Shire |
|
4 |
A power that corresponds to a power vested by a Western Australian law in a person holding, occupying or exercising the powers of a particular kind of office or position on or with a local government body |
A person holding, occupying or exercising the powers of a corresponding office or position on or with the Cocos (Keeling) Islands Shire |
|
5 |
A power that corresponds to a power, vested by a Western Australian law, that is prescribed by an Ordinance for the purposes of this item |
A person or authority prescribed by thatOrdinance |
(6) The Minister may, in writing, direct that subsection (5A) or (5B) does not apply to a specified power.