Acts Interpretation Act 1901

PART 5 - GENERAL INTERPRETATION RULES

18C (Repealed) SECTION 18C PORTFOLIO MINISTER MAY AUTHORISE A NON-PORTFOLIO MINISTER OR A MEMBER OF THE EXECUTIVE COUNCIL WHO IS NOT A MINISTER TO ACT ON HIS OR HER BEHALF IN THE PERFORMANCE OF STATUTORY FUNCTIONS OR THE EXERCISE OF STATUTORY POWERS
(Repealed by No 46 of 2011)

View history note

History

S 18C repealed by No 46 of 2011, s 3 and Sch 1 item 36, applicable on and after 27 December 2011, in relation to Acts enacted before, on or after 27 December 2011. For transitional regulations, see note under Part 1 heading. No 46 of 2011, s 3 and Sch 3 item 6 contains the following saving provisions:

6 Saving - Ministerial authorisations
6
Despite the repeal of section 18C of the Acts Interpretation Act 1901 made by Schedule 1, that section, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an authorisation in effect under that section immediately before that repeal.

S 18C formerly read:

SECTION 18C PORTFOLIO MINISTER MAY AUTHORISE A NON-PORTFOLIO MINISTER OR A MEMBER OF THE EXECUTIVE COUNCIL WHO IS NOT A MINISTER TO ACT ON HIS OR HER BEHALF IN THE PERFORMANCE OF STATUTORY FUNCTIONS OR THE EXERCISE OF STATUTORY POWERS
18C(1)
A Minister (the authorising Minister ) who administers (whether alone or jointly with one or more other Ministers) an Act or a provision of an Act may authorise:

(a) a Minister who does not administer the Act or provision; or

(b) a member of the Executive Council who is not a Minister;
to act on behalf of the authorising Minister in the performance of functions, or the exercise of powers, that the authorising Minister may perform or exercise under the Act or provision.

18C(2)
An authorisation under subsection (1) in relation to an Act or a provision of an Act extends to the performance of functions, or the exercise of powers, that the authorising Minister may perform or exercise under an instrument (including a regulation, rule or Proclamation) having effect under or for the purposes of the Act or provision.

18C(3)
Subject to subsection (4), an authorisation under subsection (1) may be expressed:

(a) to have effect only during a period or periods, or during the existence of a circumstance or circumstances, referred to in the authorisation; or

(b) to take effect immediately, or at a time referred to in the authorisation, and afterwards to continue to have effect until another person is appointed to the office held by the authorising Minister.

18C(4)
Despite subsection (3), an authorisation under subsection (1) may be revoked at any time by the authorising Minister.

18C(5)
An authorisation under subsection (1), and the revocation of such an authorisation, must be in writing.

18C(6)
This section does not affect the giving, under a power existing apart from this section, of an authorisation to a Minister or other member of the Executive Council to act on behalf of another Minister.

18C(7)
In this section:
function
includes duty.

S 18C inserted by No 125 of 1998.

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