Document ID: chunk:federal_register_of_legislation:C2025C00004:clause:5_5
Version: federal_register_of_legislation:C2025C00004
Segment Type: clause
Provision Reference: sch 5 cl 5
Character Range: 21410–23436

5                                                                A power that corresponds to a power, vested by a law of the State, that is prescribed by an Ordinance for the purposes of this item                                                                     A person or authority prescribed by that Ordinance

 (6) The responsible Commonwealth Minister may, in writing, direct that subsection (5A) or (5B) 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) An instrument under this section may identify a power by reference to a class of powers.
 (9) The validity of the exercise of a power under an applied State law by a person or authority under this section is unaffected by the failure of the person or authority to hold a qualification required of a person or authority exercising that power under a law of the State.
 (10) This section does not affect the operation of section 18A in relation to the application in or in relation to Norfolk Island of a law (a subordinate law) made under a law of an applied law jurisdiction (whether the subordinate law is made before or after the final transition time).
 (11) Subject to any direction or delegation made under this section, if a power vested by an applied State law in a person or authority (the first mentioned person or authority) is vested in another person or authority under this section, each reference in any applied State law of that State to the first mentioned person or authority is taken to include a reference to the other person or authority.
 (12) A reference in this section to a law of a State that is an applied law jurisdiction is taken to be a reference to a law of the applied law jurisdiction (within the meaning of subsection 18A(6)).
Note: Subsection 18A(6) gives an extended meaning to law of an applied law jurisdiction.
 (13) An instrument under this section is not a legislative instrument.