248State laws may confer functions and powers

248 State laws may confer functions and powers

(1) A National Health Reform law of a State may confer powers or functions, or impose duties, on one or more of the following if the powers, functions or duties relate to the exercise or performance of the functions of the Administrator (including the functions of the Administrator under a National Health Reform law of a State): (a) the Funding Body; (b) an officer of the Commonwealth.

Note: Section 250 sets out when such a law imposes a duty on the Funding Body or an officer of the Commonwealth.

(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 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 Funding Body or officer; or (b) the authorisation would otherwise exceed the legislative power of the Commonwealth. (3) This Act is not intended to exclude or limit: (a) the operation of a law of a State that confers any functions or powers, or imposes any duties, on the Funding Body or officer to the extent to which that law is capable of operating concurrently with this Act; or (b) the conferral of a function or power, or the imposition of a duty, on the Funding Body or officer in his or her capacity as a person appointed under a law of a State.