MAIN ROADS ACT 1930 - SECT 18A
MAIN ROADS ACT 1930 - SECT 18A
18A . General power to enter into agreements relevant to Commissioner’s functions
(1) The Commissioner
has, and is taken to have always had, the power to enter into an agreement
that is relevant to the Commissioner’s functions under this Act or any
other written law.
[(2) deleted]
(3) The Commissioner
may enter into an agreement with any person providing for such of the
Commissioner’s functions under this Act or any other written law as are
set out in the agreement to be performed for and on behalf of the
Commissioner.
(4) An agreement under
subsection (3) may require that the functions to be performed under it be
performed —
(a) on
and subject to terms and conditions set out in the agreement; or
(b) only
in relation to a road or other place, or a part of a road or other place, set
out in the agreement.
(5) If the performance
of a function set out in an agreement under subsection (3) is dependent on the
opinion, belief, or state of mind of the Commissioner it may, subject to the
agreement, be performed on the opinion, belief, or state of mind of the person
with whom the agreement is made or another person set out in the agreement.
(6) For the purposes
of this Act or any other written law, an act or thing done to, or by reference
to or in relation to a person in connection with the performance by that
person of a function of the Commissioner under an agreement under subsection
(3) is as effectual as it would be if it were done to, by reference to or in
relation to the Commissioner.
(7) For the purposes
of this Act or any other written law, if —
(a)
under an agreement under subsection (3) a function of the Commissioner is to
be performed by another person; and
(b) the
function is performed in accordance with that agreement,
then the performance
has effect as if it had been performed by the Commissioner.
[Section 18A inserted: No. 10 of 1996 s. 15;
amended: No. 26 of 2023 s. 22.]