Document ID: chunk:federal_register_of_legislation:C2011C00793:clause:2_8ad
Version: federal_register_of_legislation:C2011C00793
Segment Type: clause
Provision Reference: sch 2 cl 8AD
Character Range: 37059–37984

8AD  Commonwealth consent to conferral of powers etc. on Chief Executive Officer by State and Territory laws

 (1) A law of a State or Territory may confer powers or functions, or impose duties, on the Chief Executive Officer.

Note: Section 8AF sets out when such a law imposes a duty on the Chief Executive Officer.

 (2) Subsection (1) does not authorise the conferral of a power or function, or the imposition of a duty, by a law of a State or Territory to the extent to which:
 (a) the conferral or imposition, or the authorisation, would contravene any constitutional doctrines restricting the duties that may be imposed on the Chief Executive Officer; or
 (b) the authorisation would otherwise exceed the legislative power of the Commonwealth.

 (3) The Chief Executive Officer cannot exercise a power, or perform a duty or function, under a law of a State or Territory without the written approval of the Minister.