Asbestos and Silica Safety and Eradication Agency Act 2013
8Functions of the Agency
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8 Functions of the Agency
(1) The Agency has the following functions: (a) to encourage, coordinate, monitor and report on the implementation of the National Strategic Plans; (b) to review, amend or replace, publish and promote the National Strategic Plans; (c) to provide advice to the Minister about asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases; (d) to collaborate with Commonwealth, State, Territory, local and other governments, agencies or bodies (including international governments, agencies and bodies) about: (i) the development, implementation, review and amendment of the National Strategic Plans; and (ii) asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases; (e) to conduct, commission, monitor and promote research about asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases; (f) to raise awareness of asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases, including by developing and promoting materials on asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases; (g) to collect and analyse data required for measuring progress on preventing exposure to asbestos fibres, or respirable crystalline silica, and for informing evidence‑based policies and strategies; (h) to promote consistent messages, policies and practices in relation to asbestos safety, asbestos‑related diseases, silica safety and silica‑related diseases; (i) such other functions as are conferred on the Agency by or under this Act, the rules or any other law of the Commonwealth; (j) to do anything incidental or conducive to the performance of any of the above functions. (2) The Agency has the power to do all things that are necessary or convenient to be done for or in connection with the performance of its functions. (3) In performing its functions, the Agency must act in accordance with the National Strategic Plans and any annual operational plan. Constitutional limits (4) The Agency may perform its functions only: (a) for purposes relating to the collection of statistics; or (b) for purposes relating to a corporation to which paragraph 51(xx) of the Constitution applies; or (c) for purposes relating to trade and commerce: (i) between Australia and places outside Australia; or (ii) among the States; or (iii) within a Territory, between a State and a Territory or between 2 Territories; or (d) for purposes relating to a postal, telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution; or (e) for purposes relating to a service to: (i) the Commonwealth; or (ii) an authority of the Commonwealth; for a purpose of the Commonwealth; or (f) in, or for purposes relating to, a Territory; or (g) in or with respect to a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); or (h) for purposes relating to external affairs, including: (i) giving effect to an international agreement to which Australia is a party; or (ii) addressing matters of international concern; or (i) for purposes relating to the defence of Australia; or (j) for purposes relating to the implied power of the Parliament to make laws with respect to nationhood; or (k) for purposes relating to the executive power of the Commonwealth; or (l) for purposes relating to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.