Functions of bodies
199 Functions of bodies
If a law authorises or requires a body to exercise a function, it may do so by resolution.
Note Body—see the dictionary, pt 1.
To remove any doubt, subsection (1) applies in relation to a function even though a law authorises or requires the function to be exercised in writing.
If a law authorises or requires a signature by a person and the person is a body, the signature of a person authorised by the body for the purpose is taken to be the signature of the body.
If a law gives a function to a body, the function may be exercised by the body as constituted for the time being.
Example
The ACT Conference Organisers Registration Board is a statutory body consisting of 5 members. At a meeting of the board it is agreed to exempt a conference organiser from registration on certain conditions. On the day after the meeting, 1 of the members of the board (X) resigns and another person (Y) is appointed to the board in X’s place. At the next meeting of the board, the board considers additional information submitted by the conference organiser and agrees to amend the conditions of exemption. Because of s (4), the board’s ability to use its power of exemption is not affected by a change in the membership of the board.
The exercise of the function is not affected only because of vacancies in the body’s membership.
Subsections (4) and (5) do not affect any quorum requirement applying to the body.
Example
The Act establishing the board mentioned in the example to s (4) provides that the quorum for a meeting of the board is the chair or deputy chair and 2 other members. If the quorum requirement was complied with at each meeting mentioned in the example, the result mentioned in the example would be the same whether or not X attended the first meeting and whether or not Y attended the second meeting.
If a body as constituted for the time being does something in exercise of a function given to the body under a law, the effect of the thing done by the body does not end only because the membership of the body changes.
Note See also s 211 (Appointment not affected by appointer changes), s 224 (Acting appointment not affected by appointer changes), and s 241 (Delegation not affected by appointer changes).
Subsection (7) does not prevent the thing done by the body being ended or changed by the body as subsequently constituted for the time being.
This Act’s bill:Explanatory statementSecond reading speech
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