Commonwealth Repealed Acts

This legislation has been repealed.

CORPORATIONS LAW- SECT 109ZB

Exercise of powers and duties

 
 
(1)
Where this Law confers a power or imposes a
duty, then, unless the contrary intention appears, the power may be exercised
and the duty must be performed from time to time as the occasion
requires.


(2)
Where this Law confers a power or imposes a duty on the holder of
an office as such, then, unless the contrary intention appears, the power may
be exercised and the duty must be performed by the holder for the time being
of the office.


(3)
Where this Law provides that a person, court or body may do a
particular act or thing, and the word "may" is used, the act or thing may be
done at the discretion of the person, court or body.


(4)
Where this Law confers a power or function, or imposes a duty, on
a body, whether incorporated or unincorporated, the exercise of the power or
the performance of the function or duty is not affected merely because of a
vacancy or vacancies in the membership of the body.


(5)
Where this Law confers a power to make, grant or issue any
instrument (including rules, regulations or by-laws) the power is, unless the
contrary intention appears, taken as including a power exercisable in the like
manner and subject to the like conditions (if any) to repeal, rescind, revoke,
amend or vary any such instrument.


(6)
Where this Law confers a power to make, grant or issue any
instrument (including rules, regulations or by-laws) with respect to
particular matters (however the matters are described), the power is taken to
include a power to make, grant or issue such an instrument with respect to
some only of those matters or with respect to a particular class or particular
classes of those matters and to make different provision with respect to
different matters or different classes of matters.


(7)
Where this Law confers a power to make, grant or issue any
instrument (including rules, regulations or by-laws), the power is not taken,
by implication, not to include the power to make provision for or in relation
to a particular aspect of a matter by reason only that provision is made by
the Law in relation to another aspect of that matter or in relation to another
matter.


(8)
Subject to subsection (9), where this Law confers upon any person
or authority a power to make appointments to any office or place, the power
is, unless the contrary intention appears, taken to include a power to appoint
a person to act in the office or place until: 
 
 
 
(a)
a person is appointed to the office or place;
or

(b)
the expiration of 12 months after the office or place was created
or became vacant, as the case requires; 

 
whichever first happens, and also to include a power to remove
or suspend any person appointed, and to appoint another person temporarily in
the place of any person so suspended or in place of any sick or absent holder
of such office or place.
 
 
(9)
Where the power of such a
person or authority to make any such appointment is only exercisable upon the
recommendation or subject to the approval or consent of some other person or
authority, the power to make an appointment to act in an office or place or
the power of removal is, unless the contrary intention appears, only
exercisable upon the recommendation or subject to the approval or consent of
that other person or authority.


(10)
Where this Law confers a power to make, grant or issue an
instrument (including rules, regulations or by-laws) prescribing penalties not
exceeding a specified amount or imprisonment for a specified period, that
limitation on the penalties that may be prescribed does not prevent the
instrument from requiring the making of a statutory declaration.