NSWIn ForceAct
Constitution Act 1902
38Limitation as to exercise of Attorney-General’s functions
Start here
Get a plain-English read of 38
Turn the raw legal text into a practical explanation grounded in Constitution Act 1902.
#### 38 Limitation as to exercise of Attorney-General’s functions
38 Limitation as to exercise of Attorney-General’s functions
> > (1) Nothing in section 36, 37 or 37A authorises a Minister of the Crown to exercise any function that is by an Act or any other law annexed or incident to the office of the Attorney-General.
>
> > (2) Where a function is annexed or incident to the office of the Attorney-General by reason only of the fact that the Attorney-General administers an Act or part of an Act, subsection (1) does not apply in relation to that function unless the administration of that Act or part is expressly vested in the Attorney-General by any Act.
>
> **s 38:** Subst 1975 No 67, sec 4 (b). Am 1987 No 64, Sch 1 (8) (a).