Document ID: chunk:federal_register_of_legislation:C2016C00568:clause:2_18b:p1
Version: federal_register_of_legislation:C2016C00568
Segment Type: clause
Provision Reference: sch 2 cl 18B (pt 1/2)
Character Range: 68170–70723

18B  Powers and functions under the applied New South Wales laws

Vesting of powers in the Minister
 (1) If a power is vested in:
 (a) a Minister of New South Wales; or
 (b) the Governor of New South Wales; or
 (c) the Governor‑in‑Council of New South Wales;
by a New South Wales law in force in the Territory under section 18A, the power is, in relation to the Territory, vested in the responsible Commonwealth Minister instead of the person or authority mentioned in paragraph (a), (b) or (c) of this subsection.
 (2) If:
 (a) a power is vested in a person (other than a court officer of New South Wales) or an authority (other than a court of New South Wales) by a New South Wales law in force in the Territory under section 18A; and
 (b) subsection (1) does not apply to the power;
the power is, in relation to the Territory, vested in the responsible Commonwealth Minister instead of the person or authority mentioned in paragraph (a) of this subsection.

Delegation etc.
 (3) If a power is vested in the responsible Commonwealth Minister under subsection (1) or (2), the Minister may, in writing:
 (a) direct that the power is also vested in a specified person or authority; or
 (b) delegate the power to a specified person.
 (4) A person or authority in whom a power is vested under paragraph (3)(a) may, if the person is so empowered by the responsible Commonwealth Minister in the direction, delegate the power, in writing, to a specified person.
 (5) If:
 (a) a power is vested in the responsible Commonwealth Minister under subsection (2); and
 (b) a person, or an authority, who is:
 (i) an officer or employee of New South Wales; or
 (ii) an authority of New South Wales; or
 (iii) an officer or employee of an authority of New South Wales;
  is subject to an arrangement under section 18C; and
 (c) the power corresponds to a power that the person or authority is authorised, under a law in force in New South Wales, to exercise in, or in a part of, New South Wales:
 (i) whether in the person's own right or the authority's own right; or
 (ii) whether in the capacity of a delegate; or
 (iii) whether in any other way;
the responsible Commonwealth Minister is taken to have directed under paragraph (3)(a) that the first‑mentioned power is also vested in the person or authority, as the case may be.
 (6) The Minister may direct that subsection (5) does not apply to a specified power.
 (7) A direction under subsection (6) may be unconditional or subject to such conditions (if any) as are specified in the direction.

Other matters
 (8)