Document ID: chunk:federal_register_of_legislation:C2004A03231:schedule:4:p7
Version: federal_register_of_legislation:C2004A03231
Segment Type: schedule
Provision Reference: sch 4 (pt 7/9)
Character Range: 215445–218151

period, that limitation on the penalties that may be prescribed does not prevent the instrument from requiring the making of a statutory declaration.".

Power to appoint
145. Section 23 of the Principal Act is amended—
     (a) by omitting sub-section (1) and substituting the following sub-section:
    "(1) Subject to sub-section (2), where a relevant Act confers on a person or authority the power to make appointments to an office or position, the power shall, unless the contrary intention appears, be construed as including—
         (a) a power to appoint a person to act in the office or position until—
             (i) a person is appointed to the office or position; or
             (ii) the expiration of 12 months after the office or position was created or became vacant, as the case requires,
        whichever first happens; and

         (b) a power to remove or suspend a person appointed, and to appoint another person temporarily in place of a person so removed or suspended or in place of a sick or absent holder of the office or position."; and
     (b) by omitting from sub-section (2) "the power of removal or suspension is" and substituting "the power to make an appointment to act in an office or position, the power of removal or suspension, or the power to appoint a person temporarily in place of another person, is".

146. After section 23 of the Principal Act the following section is inserted:

Delegations
"23a. Where a relevant Act confers power to delegate a function, duty or power, then, unless the contrary intention appears, the power of delegation shall not be construed as being limited to delegating the function, duty or power to a specified person but shall be construed as including a power to delegate the function, duty or power to any person from time to time holding, occupying, or performing the duties of, a specified office or position.".

References to amended, re-enacted or remade laws
147. Section 33 of the Principal Act is amended by omitting sub-section (2) and substituting the following sub-section:
"(2) Where a relevant Act contains a reference to a short title or other citation that is or was provided by the law of a State or Territory for the citation of a law of that State or Territory as originally enacted or made, or as amended, then, except so far as the contrary intention appears—
     (a) the reference shall be construed as a reference to that law as originally enacted or made and as amended from time to time; and
     (b) where that law has been repealed and re-enacted or remade, with or without modifications, the reference shall be construed as including a reference to the re-enacted or remade law as originally enacted or