Commonwealth consent to conferral of functions etc. on its officers and authorities by corresponding State laws
6AAA Commonwealth consent to conferral of functions etc. on its officers and authorities by corresponding State laws
A corresponding State law may confer functions or powers, or impose duties, on:
a Commonwealth officer; or
a Commonwealth authority.
Subsection (1) does not authorise the conferral of a function or power, or the imposition of a duty, by a corresponding State 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 Commonwealth officers or Commonwealth authorities; or
the authorisation would otherwise exceed the legislative power of the Commonwealth.
Subsection (1) does not extend to a function, power or duty of a kind specified in regulations made for the purposes of this subsection.
This Act is not intended to exclude or limit the operation of a corresponding State law that confers any functions or powers, or imposes any duties, on a Commonwealth officer or Commonwealth authority to the extent to which that law:
is consistent with subsections (1) to (3); and
is capable of operating concurrently with this Act.
This provision refers to the regulations (specified in regulations
). Made under this Act:
- Therapeutic Goods (Medical Devices) Regulations 2002 · under s 63
- Therapeutic Goods Regulations 1990 · under s 63
5 more instruments made under this Act are listed on the Act’s overview.
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