Document ID: chunk:federal_register_of_legislation:C2025C00096:section:38a
Version: federal_register_of_legislation:C2025C00096
Segment Type: section
Provision Reference: s 38A
Character Range: 134443–136294

38A  Powers of Commonwealth to be exercised by the Secretary
 (1) The powers and functions of the Commonwealth under this Part shall be exercised by the Secretary on behalf of the Commonwealth.

Statement of Conditions
 (2) The Secretary must, in exercising the powers of the Commonwealth under this Part, comply with the Statement of Conditions determined in an instrument under this section, as the Statement of Conditions is in force from time to time.
 (3) The Minister may, by legislative instrument, determine the Statement of Conditions for the purposes of subsection (2).
Note: See subsection (6) for the content of the Statement of Conditions.

Revocation and replacement of Statement of Conditions
 (4) The Minister may, by legislative instrument, revoke the Statement of Conditions in force under this section. If the Minister does so, the Minister must, in that instrument, determine another Statement of Conditions for the purposes of subsection (2).
Note: See subsection (6) for the content of the Statement of Conditions.

Variation of Statement of Conditions
 (5) The Minister may, by legislative instrument, vary the Statement of Conditions in force under this section.

Content of Statement of Conditions
 (6) The Statement of Conditions under this section must deal with:
 (a) the risks against which the Commonwealth will undertake insurance under this Part; and
 (b) other terms and conditions relating to insurance undertaken by the Commonwealth under this Part.
This subsection does not limit the matters that may be dealt with by the Statement of Conditions.

No removal of right of person to receive payment
 (7) The Minister must not revoke or vary the Statement of Conditions so as to remove the right of a person to receive a payment to which the person had become entitled before the revocation or variation took effect.