Main Roads Act 1930

The Commissioner has, and is taken to have always had, the power to enter into an agreement that is relevant to the Commissioner’s functions under this Act or any other written law.

The Commissioner may enter into an agreement with any person providing for such of the Commissioner’s functions under this Act or any other written law as are set out in the agreement to be performed for and on behalf of the Commissioner.

An agreement under subsection (3) may require that the functions to be performed under it be performed —

on and subject to terms and conditions set out in the agreement; or

only in relation to a road or other place, or a part of a road or other place, set out in the agreement.

If the performance of a function set out in an agreement under subsection (3) is dependent on the opinion, belief, or state of mind of the Commissioner it may, subject to the agreement, be performed on the opinion, belief, or state of mind of the person with whom the agreement is made or another person set out in the agreement.

For the purposes of this Act or any other written law, an act or thing done to, or by reference to or in relation to a person in connection with the performance by that person of a function of the Commissioner under an agreement under subsection (3) is as effectual as it would be if it were done to, by reference to or in relation to the Commissioner.

For the purposes of this Act or any other written law, if —

under an agreement under subsection (3) a function of the Commissioner is to be performed by another person; and

the function is performed in accordance with that agreement,