Human Services Legislation Amendment Act 2011 (32 of 2011)

Schedule 2   Amendment of the Commonwealth Services Delivery Agency Act 1997

Part 1   Amendments

Commonwealth Services Delivery Agency Act 1997

38   After section 12

Insert:

13 Commonwealth consent to conferral of powers etc. on Chief Executive Centrelink by State and Territory laws

(1) A law of a State or Territory may confer powers or functions, or impose duties, on the Chief Executive Centrelink.

Note: Section 15 sets out when such a law imposes a duty on the Chief Executive Centrelink.

(2) Subsection (1) does not authorise the conferral of a power or function, or the imposition of a duty, by a law of a State or Territory to the extent to which:

(a) the conferral or imposition, or the authorisation, would contravene any constitutional doctrines restricting the duties that may be imposed on the Chief Executive Centrelink; or

(b) the authorisation would otherwise exceed the legislative power of the Commonwealth.

(3) The Chief Executive Centrelink cannot exercise a power, or perform a duty or function, under a law of a State or Territory without the written approval of the Minister.

14 How duty is imposed on Chief Executive Centrelink by State and Territory laws

Application

(1) This section applies if a law of a State or Territory purports to impose a duty on the Chief Executive Centrelink.

Note: Section 15 sets out when such a law imposes a duty on the Chief Executive Centrelink.

State or Territory legislative power sufficient to support duty

(2) The duty is taken not to be imposed by this Act (or any other law of the Commonwealth) to the extent to which:

(a) imposing the duty is within the legislative powers of the State or Territory concerned; and

(b) imposing the duty by the law of the State or Territory is consistent with the constitutional doctrines restricting the duties that may be imposed on the Chief Executive Centrelink.

Note: If this subsection applies, the duty will be taken to be imposed by force of the law of the State or Territory (the Commonwealth having consented under section 13 to the imposition of the duty by that law).

Commonwealth legislative power sufficient to support duty but State or Territory legislative powers are not

(3) If, to ensure the validity of the purported imposition of the duty, it is necessary that the duty be imposed by a law of the Commonwealth (rather than by the law of the State or Territory), the duty is taken to be imposed by this Act to the extent necessary to ensure that validity.

(4) If, because of subsection (3), this Act is taken to impose the duty, it is the intention of the Parliament to rely on all powers available to it under the Constitution to support the imposition of the duty by this Act.

(5) The duty is taken to be imposed by this Act in accordance with subsection (3) only to the extent to which imposing the duty:

(a) is within the legislative powers of the Commonwealth; and

(b) is consistent with the constitutional doctrines restricting the duties that may be imposed on the Chief Executive Centrelink.

(6) Subsections (1) to (5) do not limit section 13.

15 When State and Territory laws impose a duty on Chief Executive Centrelink

For the purposes of sections 13 and 14, a law of a State or Territory imposes a duty on the Chief Executive Centrelink if:

(a) the law confers a power or function on the Chief Executive Centrelink; and

(b) the circumstances in which the power or function is conferred give rise to an obligation on the Chief Executive Centrelink to exercise the power or to perform the function.

16 Chief Executive Centrelink may be assisted by Departmental employees

A Departmental employee may assist the Chief Executive Centrelink in the performance of any of the functions of the Chief Executive Centrelink.