Victorian Consolidated Legislation

Corporations (Victoria) Act 1990 - SECT 37

Functions and powers conferred on Commonwealth authorities

37. Functions and powers conferred on Commonwealth authorities



(1) A Commonwealth administrative law applying because of section 35 that
confers on an officer or authority of the Commonwealth a function or power in
relation to an act, matter or thing arising under or in respect of an
applicable provision of the Capital Territory also confers on the officer or
authority the same function or power in relation to an act, matter or thing
arising under or in respect of the corresponding applicable provision of
Victoria.

(2) A Commonwealth administrative law applying because of section 36 that
confers on an officer or authority of the Commonwealth a function or power in
relation to an act, matter or thing arising under or in respect of an
applicable provision of the Capital Territory also confers on the officer or
authority the same function or power in relation to an act, matter or thing
arising under or in respect of the corresponding applicable provision of
another jurisdiction.

(3) The function or power referred to in subsection (2) may only be performed
or exercised in Victoria.

(4) In performing a function or exercising a power conferred by subsection (1)
or (2), an officer or authority of the Commonwealth must act as nearly as
practicable as the officer or authority would act in performing or exercising
the same function or power in relation to an act, matter or thing arising
under or in respect of the corresponding applicable provision of the Capital
Territory.

(5) A Commonwealth law applying because of section 35 or 36 applies as if it
did not contain any provision empowering a Minister of State for the
Commonwealth to give any directions in relation to the performance of a
function or the exercise of a power conferred by subsection (1) or (2).