CTHIn ForceAct
Greenhouse and Energy Minimum Standards Act 2012
72Commonwealth consent to conferral of functions etc. on GEMS Regulator by State and Territory laws
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#### 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.