Constitution Act 1902

Sections 36 and 37 apply to the functions appertaining or annexed to the office of a Minister of the Crown, whether those functions are conferred or imposed by the terms (express or implied) of an Act or instrument under an Act, or by or under any other law, or by official or other custom, but do not apply to the functions appertaining or annexed to that office by virtue of an authority under section 36.

Any act, matter or thing done or omitted by a Minister of the Crown while acting for or on behalf of another Minister of the Crown—

under an authority under section 36, or

under the authority of section 37,

shall be as valid and effectual and shall have the same consequences as if the act, matter or thing had been done or omitted by that other Minister.

In all proceedings and before all persons acting judicially, it shall be presumed, in the absence of evidence to the contrary, that a Minister of the Crown who purports to act for or on behalf of another Minister of the Crown was authorised by or under section 36 or 37 so to act.