Commonwealth Consolidated Acts

THERAPEUTIC GOODS ACT 1989 - SECT 6AAC

  (1)   This section:

  (a)   applies only for the purposes of the application of the provisions of this Act or another law of the Commonwealth (with or without modification) as a law of a State by a provision of a corresponding State law; and

  (b)   does not apply for those purposes if the corresponding State law otherwise provides.

  (2)   If the corresponding State law purports to impose a duty on a Commonwealth officer or Commonwealth authority to do a particular thing, the duty is taken to be imposed by the corresponding State law to the extent to which imposing the duty:

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

  (b)   is consistent with the constitutional doctrines restricting the duties that may be imposed on a Commonwealth officer or Commonwealth authority.

  (3)   To avoid doubt, the corresponding State law does not impose the duty on the Commonwealth officer or Commonwealth authority to the extent to which imposing the duty would:

  (a)   contravene any constitutional doctrine restricting the duties that may be imposed on a Commonwealth officer or Commonwealth authority; or

  (b)   otherwise exceed the legislative powers of the State.

  (4)   If imposing on the Commonwealth officer or Commonwealth authority the duty to do that thing would:

  (a)   contravene any constitutional doctrine restricting the duties that may be imposed on a Commonwealth officer or Commonwealth authority; or

  (b)   otherwise exceed the legislative powers of both the State and the Commonwealth;

the corresponding State law is taken instead to confer on the officer or authority a power to do that thing at the discretion of the officer or authority.