Commonwealth Consolidated Acts

INSPECTOR OF TRANSPORT SECURITY ACT 2006 - SECT 83

  (1)   A law of a State or Territory may confer powers and functions on the Inspector.

  (2)   In enacting subsection   (1), it is the intention of the Parliament to rely on all powers available to it under the Constitution.

  (3)   To the extent that the Inspector has a power or function that is conferred, or taken to be conferred, by the law of a State or Territory:

  (a)   that power or function is not taken to be conferred by Commonwealth law; and

  (b)   subsection   (1) is not taken to authorise the conferral of the power or function;

if the conferral or authorisation would contravene a constitutional doctrine restricting the powers and functions that may be conferred on authorities or officers of the Commonwealth, or would otherwise exceed the legislative power of the Commonwealth.

  (4)   If, to ensure the validity of the conferral of a power or function purportedly conferred on the Inspector by a law of a State or Territory, it is necessary that the power or function be conferred by a law of the Commonwealth, rather than by a law of a State, the power or function is taken to be conferred by this Act to the extent necessary to ensure that validity.

  (5)   If, because of subsection   (4), this Act is taken to confer a power or function upon the Inspector, it is the intention of the Parliament to rely on all powers available to it under the Constitution to support the conferral of the power or function.

  (6)   Subsections   (4) and (5) do not limit subsection   (1).