Australian Capital Territory Current Acts

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FINANCIAL MANAGEMENT ACT 1996 - SECT 74

Powers of territory authorities generally

    (1)     A relevant territory authority has the legal capacity and powers of an individual both in and outside the ACT (including outside Australia).

Examples

1     to enter into a contract

2     to own, deal with and dispose of property

3     to act as trustee

    (2)     Without limiting subsection (1), a relevant territory authority

        (a)     has the powers given to it under this Act or another territory law; and

        (b)     may do anything that it is authorised to do by a territory law or a law of another jurisdiction; and

        (c)     may exercise its powers in and outside the ACT (including outside Australia).

Example for par (b)

A territory authority may arrange for the authority to be registered or recognised under a law of another jurisdiction.

    (3)     A relevant territory authority's legal capacity to do something is not affected by the fact that the authority's interests are not, or would not be, served by doing it.

    (4)     To remove any doubt, this section does not—

        (a)     authorise a relevant territory authority to do anything that is prohibited by a territory law or a law of another jurisdiction; and

        (b)     give a relevant territory authority a right that a territory law or a law of another jurisdiction denies to the authority.

    (5)     In this section:

"another jurisdiction" means the Commonwealth, a State, another Territory or a foreign country.



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