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s 18

Functions conferred on Commonwealth officers and authorities

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Part 5Administrative laws

18 Functions conferred on Commonwealth officers and authorities

(1)

A Commonwealth administrative law applying because of section 17 that confers on a Commonwealth officer or authority a function also confers on the officer or authority the same function in relation to a matter arising in relation to the applied provisions.

(2)

In exercising a function conferred by this section, the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in exercising the same function under the Commonwealth administrative law.

Note 1 Function includes authority, duty and power (see Legislation Act, dict, pt 1).

Note 2 A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).

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