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LEGISLATION ACT 2001 - SECT 253 Exercise of functions of Executive

LEGISLATION ACT 2001 - SECT 253

Exercise of functions of Executive

    (1)     A function given to the Executive under an Act may be exercised by any 2 Ministers acting in concert.

    (2)     The exercise of a function under subsection (1) is taken to be the exercise of the function by the Executive.

    (3)     Despite subsection (1), a statutory instrument (other than a subordinate law or disallowable instrument) to be made by the Executive must be signed by the Chief Minister and 1 or more other Ministers who are members of the Executive.

    (4)     A statutory instrument mentioned in subsection (3) made in accordance with the subsection is taken to be made when it is signed by the second Minister signing.

    (5)     This section is subject to section 41 (Making of certain statutory instruments by Executive).

    (6)     In this section:

"Act "includes an Act of the Commonwealth.

"statutory instrument" includes an instrument (whether or not legislative in nature) made under—

        (a)     an Act of the Commonwealth; or

        (b)     another statutory instrument of the Commonwealth; or

        (c)     power given by an Act or statutory instrument of the Commonwealth and also power given otherwise by law.