Commonwealth consent to conferral of functions etc. on Commonwealth entities
140E Commonwealth consent to conferral of functions etc. on Commonwealth entities
An application law may confer functions or powers, or impose duties, on a Commonwealth entity for the purposes of the applied Australian Consumer Law.
Section 140G sets out when such a law imposes a duty on a Commonwealth entity.
Subsection (1) does not authorise the conferral of a function or power, or the imposition of a duty, by an application law to the extent to which:
the conferral or imposition, or the authorisation, would contravene any constitutional doctrines restricting the duties that may be imposed on the Commonwealth entity; or
the authorisation would otherwise exceed the legislative power of the Commonwealth.
The Commonwealth entity cannot perform a duty or function, or exercise a power, under an application law unless the conferral of the function or power, or the imposition of the duty, is in accordance with an agreement between the Commonwealth and the State or Territory concerned.
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