Commonwealth consent to conferral of functions etc. on GEMS Regulator by State and Territory laws
72 Commonwealth consent to conferral of functions etc. on GEMS Regulator by State and Territory laws
A law of a State or Territory may confer powers or functions, or impose duties, on the GEMS Regulator.
Section 74 sets out when such a law imposes a duty on the GEMS Regulator.
Subsection (1) does not authorise the conferral of a power or function, or the imposition of a duty, by a law of a State or Territory 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 GEMS Regulator; or
the authorisation would otherwise exceed the legislative power of the Commonwealth.
The GEMS Regulator cannot exercise a power, or perform a duty or function, under a law of a State or Territory without the written approval of the Minister.
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