Australian Capital Territory Consolidated Acts

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LEGISLATION ACT 2001 - SECT 200

Functions of occupants of positions

    (1)     If a law gives a function to the occupant of a position, the function may be exercised by the person for the time being occupying the position.

Note     See s 185 (References to occupant of position) and dictionary, pt 1, defs occupy and position .

    (2)     If the person for the time being occupying a position does something in exercise of a function given to the occupant of the position under a law, the thing done by the person does not end only because the person ceases to be the occupant of the position.

Note     See also s 211 (Appointment not affected by appointer changes), s 224 (Acting appointment not affected by appointer changes), and s 241 (Delegation not affected by appointer changes).

    (3)     Subsection (2) does not prevent the thing done by the person being ended or changed by any person subsequently occupying the position for the time being.

Note     Certain statutory appointments made by a Minister require consultation with a Legislative Assembly committee and are disallowable (see div 19.3.3 (Appointments—Assembly consultation)).



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