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GREENHOUSE AND ENERGY MINIMUM STANDARDS ACT 2012 - SECT 72

Commonwealth consent to conferral of functions etc. on GEMS Regulator by State and Territory laws

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

Note:   Section   74 sets out when such a law imposes a duty on the GEMS Regulator.

  (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 GEMS Regulator; or

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

  (3)   The GEMS Regulator 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.



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