249How duty is imposed by State laws

249 How duty is imposed by State laws

Application (1) This section applies if a National Health Reform law of a State purports to impose a duty on the Funding Body or 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.

State legislative power sufficient to support duty (2) The duty is taken not to be imposed by this Act (or any other law of the Commonwealth) to the extent to which: (a) imposing the duty is within the legislative powers of the State concerned; and (b) imposing the duty by the law of the State is consistent with the constitutional doctrines restricting the duties that may be imposed on the Funding Body or officer.

Note: If this subsection applies, the duty will be taken to be imposed by force of the law of the State (the Commonwealth having consented under section 248 to the imposition of the duty by that law).

Commonwealth legislative power sufficient to support duty but State legislative powers are not (3) If, to ensure the validity of the purported imposition of the duty, it is necessary that the duty be imposed by a law of the Commonwealth (rather than by the law of the State), the duty is taken to be imposed by this Act to the extent necessary to ensure that validity. (4) If, because of subsection (3), this Act is taken to impose the duty, it is the intention of the Parliament to rely on all powers available to it under the Constitution to support the imposition of the duty by this Act. (5) The duty is taken to be imposed by this Act in accordance with subsection (3) only to the extent to which imposing the duty: (a) is within the legislative powers of the Commonwealth; and (b) is consistent with the constitutional doctrines restricting the duties that may be imposed on the Funding Body or officer. (6) Subsections (1) to (5) do not limit section 248.