Main Roads Amendment Act 1984 (WA)

WESTERN AUSTRALIA.

MAIN ROADS.

No. 38 of 1984.

AN ACT to amend the Main Roads Act 1930-1982.

[Assented to 20 June 1984.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1. (1) This Act may be cited as the Main Roads Short title and citation.

Amendment Act 1984.

In this Act the Main Roads Act 1930-1982 is 17, asegtn iZI as

(2)

referred to as the principal Act.	16 December1976 and
Acts Nos. 54 amended by

(3) The principal Act as amended by this Act %71997;71, 90 11

may be cited as the Main Roads Act 1930-1984.	1980, 106 of
1981 and 25
of 1982.

No. 38.] Main Roads. [1984.

Commence-

ment. 2. This Act shall come into operation on a day

to be fixed by proclamation.

Stion and

transitional and 3. (1) Section 10 of the principal Act is

provision. amended

(a) by repealing subsections (1), (la) and (lb) and substituting the following sub- sections

CC

(1) The Minister may on the recom- mendation of the Commissioner, for the purposes of this Act, appoint persons to be officers of the Commissioner.

(2) The Commissioner may

(a)

employ such employees as are required for works of construc- tion or maintenance;

(b)

in accordance with the regula- tions, employ persons as cadets;

(c)

employ and remunerate

students; and

(d)

with the approval of the Minister, make use of the services of any officer or employee employed in the Public Service of the State. ";

and

(b) in subsection (3) by inserting after "officer" the following-

, employee ".

(2) Where at the date of coming into operation of this Act a person is purportedly in the employ of the Commissioner but he has not been appointed by the Governor pursuant to section 10 (1) of the principal Act as in force immediately before the coming into operation of this Act, the Minister may appoint that person under section 10 (1) of the

1984.] Main Roads. [No. 38.

principal Act and that appointment may be retro- spective to such date, not being earlier than the date of commencement of his purported employ- ment, as is specified in the instrument of his appointment.

4. After section 10 of the principal Act the Sgetil?endl . OA

following section is inserted

C' either . cellgrait,ifon of

10A. (1) The Minister may,

generally or as provided by the instrument of itt,Pc°,=1'

delegation, by writing signed by him, delegate sthnen

to the Commissioner his power of appoint-

ment under section 10 (1) of this Act.

(2) For the purposes of this Act, the exercise of a power of appointment under section 10 (1) of this Act by the Commissioner under this section shall be deemed to be the exercise of that power by the Minister.

(3) A delegation under this section may

(a)	be made subject to such conditions, qualifications and exceptions as are set out in the instrument of delegation;
(b)	be revoked or varied by instrument in writing signed by the Minister.

(4) The Minister may exercise the power of appointment under section 10 (1) of this Act notwithstanding that he has delegated its exercise or performance under this section. ".

5. Where before the coming into operation of Validation of appoint-

this Act a person was appointed by the Governor	ments.
under section 10 (1) of the principal Act as in force immediately before the coming into operation of this Act and the appointment purported to be made with retrospective effect, the appointment shall not be invalid by reason only that it purported to be so made and shall have effect from the day specified in the instrument of appointment.