THERAPEUTIC GOODS ACT 1989 - SECT 6AAA Commonwealth consent to conferral of functions etc. on its officers and authorities by corresponding State laws

THERAPEUTIC GOODS ACT 1989 - SECT 6AAA

  (1)   A corresponding State law may confer functions or powers, or impose duties, on:

  (a)   a Commonwealth officer; or

  (b)   a Commonwealth authority.

  (2)   Subsection   (1) does not authorise the conferral of a function or power, or the imposition of a duty, by a corresponding State law to the extent to which:

  (a)   the conferral or imposition, or the authorisation, would contravene any constitutional doctrines restricting the duties that may be imposed on Commonwealth officers or Commonwealth authorities; or

  (b)   the authorisation would otherwise exceed the legislative power of the Commonwealth.

  (3)   Subsection   (1) does not extend to a function, power or duty of a kind specified in regulations made for the purposes of this subsection.

  (4)   This Act is not intended to exclude or limit the operation of a corresponding State law that confers any functions or powers, or imposes any duties, on a Commonwealth officer or Commonwealth authority to the extent to which that law:

  (a)   is consistent with subsections   (1) to (3); and

  (b)   is capable of operating concurrently with this Act.