Commonwealth Consolidated Acts

AGRICULTURAL AND VETERINARY CHEMICALS ACT 1994 - SECT 18A

  (1)   To the extent that an authority or officer of the Commonwealth (including a Minister) has a duty, function or power that is conferred, or taken to be conferred, by a corresponding law:

  (a)   that duty, function or power is not taken to be conferred by Commonwealth law; and

  (b)   section   18 is not taken to authorise the conferral of the duty, function or power;

if the conferral or authorisation would contravene a constitutional doctrine restricting the duties that may be conferred on authorities or officers of the Commonwealth, or would otherwise exceed the legislative power of the Commonwealth.

  (2)   If, to ensure the validity of the conferral of a duty, function or power purportedly conferred on an authority or officer of the Commonwealth (including a Minister) by a corresponding law, it is necessary that the duty, function or power be conferred by a law of the Commonwealth, rather than by a law of a State, the duty, function or power is taken to be conferred by this Act to the extent necessary to ensure that validity.

  (3)   If, because of subsection   ( 2), this Act is taken to confer a duty, function or power upon an authority or officer of the Commonwealth (including a Minister), it is the intention of the Parliament to rely on all powers available to it under the Constitution to support the conferral of the duty, function or power.

  (4)   Subsections   ( 2) and (3) do not limit section   18.