Deputy Governor’s Powers Act 1911

 

Deputy Governor’s Powers Act 1911

Contents

1.Short title2

2.Terms used2

3.Governor’s statutory as well as other powers exercisable by deputy2

4.Same provision as to deputy of Lieutenant‑Governor or Administrator2

5.Act to be retrospective3

Notes

Compilation table4

Defined terms

 

Deputy Governor’s Powers Act 1911

An Act to provide for the exercise by deputy of certain powers and authorities vested in the Governor.

Preamble

Whereas by certain Letters Patent passed under the Great Seal of the United Kingdom of Great Britain and Ireland, bearing date 29 October 1900, permanent provision was made for the Office of Governor in and over the State of Western Australia and its Dependencies, in the Commonwealth of Australia: And whereas by the said Letters Patent it is provided that in certain circumstances all the powers and authorities therein granted to the Governor shall be vested in the Lieutenant‑Governor of the State, or, if there be no such Officer in the State, then in such person or persons as may be appointed by Royal Sign Manual and Signet to administer the Government of the State: And whereas by the said Letters Patent it is further provided that in certain circumstances the Governor may, by an instrument under the Public Seal of the State, constitute and appoint a Deputy in the State to exercise, perform, and execute for and on behalf of the Governor, during his temporary absence from the seat of Government or from the State, all such powers and authorities vested in the Governor by the said Letters Patent as shall in and by such instrument be specified and limited: And whereas doubts have arisen as to the extent of the powers and authorities which any such Deputy if and when appointed may exercise, and it is desirable to set such doubts at rest: Be it enacted by the King’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows: — 

1.Short title

This Act may be cited as the Deputy Governor’s Powers Act 1911 1.

2. Terms used

In this Act — 

said Letters Patent means the Letters Patent mentioned in the preamble of this Act, or any Letters Patent at any time passed in lieu thereof or in addition thereto 2;

State means the State of Western Australia .

[Correction to reprint: Gazette 2 Nov 2012 p. 5261.]

3.Governor’s statutory as well as other powers exercisable by deputy

During the temporary absence of the Governor from the seat of Government or from the State, all the powers and authorities conferred upon or vested in the Governor by any statutory or other law or usage of the State, as well as the powers and authorities conferred upon or vested in the Governor by the said Letters Patent, shall and may be exercised, performed, and executed by the person appointed by the Governor to be his Deputy during such absence, subject nevertheless to anything expressed in the instrument appointing such Deputy.

4.Same provision as to deputy of Lieutenant‑Governor or Administrator

During such time as the powers and authorities in the said Letters Patent granted to the Governor are vested in the said Lieutenant‑Governor, or such other person as is appointed as aforesaid to administer the Government of the State, the provisions of section 3 shall apply to the person appointed to be the Deputy of the Lieutenant‑Governor, or such other person appointed to administer the Government as aforesaid, during his temporary absence from the seat of Government or from the State, subject nevertheless to anything expressed in the instrument appointing such Deputy.

5.Act to be retrospective

Any exercise, performance, or execution before the passing of this Act of any of the powers or authorities hereinbefore mentioned shall be and be deemed to have been of the same validity, and shall have and be deemed to have had the same force and effect, as if this Act had been in force at the time of such exercise, performance, or execution.

dline

 

 

 

Notes

1This is a compilation of the Deputy Governor’s Powers Act 1911. The following table contains information about that Act. The table also contains information about any reprint.

Compilation table

Short title

Number and year

Assent

Commencement

Deputy Governor’s Powers Act 1911

16 of 1912 (2 Geo. V No. 24)

15 Jan 1912

15 Jan 1912

Reprint of the Deputy Governor’s Powers Act 1911 as at 5 May 2000 (correction in Gazette 2 Nov 2012 p. 5261)

Reprint 2: The Deputy Governor’s Powers Act 1911 as at 20 Mar 2015

2See now Letters Patent dated 14 February 1986.

 

 

Defined terms

 

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined termProvision(s)

said Letters Patent2

State2