Document ID: chunk:federal_register_of_legislation:C2021C00347:clause:1_66
Version: federal_register_of_legislation:C2021C00347
Segment Type: clause
Provision Reference: sch 1 cl 66
Character Range: 41260–43633

66  Subsections 18B(4) to (6)
Repeal the subsections, substitute:
 (4) A direction or delegation under subsection (3) is subject to such conditions as may be specified:
 (a) in the direction or delegation; or
 (b) in the case of a deemed direction under subsection (5A) or (5B)—in writing, by the responsible Commonwealth Minister.
 (5) A person or authority in whom a power is vested by a direction under paragraph (3)(a) may delegate the power, in writing, to another person or authority:
 (a) if authorised to do so by the direction; or
 (b) in the case of a deemed direction under subsection (5A) or (5B)—if authorised to do so, in writing, by the responsible Commonwealth Minister.

Deemed vesting of powers—State persons and authorities exercising powers in Norfolk Island
 (5A) If a power under an applied State law is vested in the responsible Commonwealth Minister under paragraph (1)(a) or subsection (2), that Minister is taken to have directed under paragraph (3)(a) that the power is also vested in another person or authority in the circumstances that:
 (a) the person or authority is subject to an arrangement under section 18C with the State and is:
 (i) an officer or employee of the State; or
 (ii) an authority established by or under a law of the State; or
 (iii) an officer or employee of such an authority; and
 (b) the power corresponds to a power that the person or authority is authorised, under a law of the State, to exercise in, or in a part of, the State:
 (i) whether in the person's or authority's own right; or
 (ii) whether in the capacity of a delegate; or
 (iii) whether in any other way.

Deemed vesting of powers—Norfolk Island persons and authorities
 (5B) If a power under an applied State law mentioned in column 1 of an item of the following table is vested in the responsible Commonwealth Minister under paragraph (1)(a) or subsection (2), the Minister is taken to have directed under paragraph (3)(a) that the power is also vested in a person or authority mentioned in column 2 of the item.

Deemed vesting of powers—Norfolk Island persons and authorities
Item                                                             Column 1                                                                                                                                                                                                Column 2