Document ID: chunk:federal_register_of_legislation:C2021C00085:section:5
Version: federal_register_of_legislation:C2021C00085
Segment Type: section
Provision Reference: s 5
Character Range: 28350–30118

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 that Ordinance

 (6) The Minister may, in writing, direct that subsection (5A) or (5B) does not apply to a specified power.
 (7) A direction under subsection (6) may be unconditional or subject to such conditions (if any) as are specified in the direction.

Other matters
 (8) An instrument under this section may identify a power by reference to a class of powers.
 (9) The validity of the exercise of a power under an applied Western Australian law by a person or authority under this section is unaffected by the failure of the person or authority to hold a qualification required of a person or authority exercising that power under a Western Australian law.
 (10) This section does not affect the operation of section 8A in relation to the application in or in relation to the Territory of a law (a subordinate law) made under a Western Australian law, whether the subordinate law is made after this section's commencement or not.
 (10A) Subject to any direction or delegation made under this section, if a power vested by an applied Western Australian law in a person or authority (the first mentioned person or authority) is vested in another person or authority under this section, each reference in any applied Western Australian law to the first mentioned person or authority is taken to include a reference to the other person or authority.
 (11) An instrument under this section is not a legislative instrument.