65FEffect of conferral of duties, functions or powers

65F Effect of conferral of duties, functions or powers S. 65F(1) amended by No. 49/2019 s. 39(1). (1) If a Transport Restructuring Order confers a duty, function or power on the Secretary, a sector transport agency or a new sector transport agency and provides that the duty, function or power is only to be performed by the Secretary, sector transport agency or new sector transport agency on an ongoing basis, the sector transport agency on which that duty, function or power was previously conferred does not have that duty, function or power and any power or duty that the sector transport agency has in connection with, or as incidental to, the performance of that duty, function or power is withdrawn accordingly. S. 65F(2) amended by No. 49/2019 s. 39(1). (2) If a Transport Restructuring Order confers a duty, function or power on the Secretary, a sector transport agency or a new sector transport agency and provides that the duty, function or power is only to be performed by the Secretary, sector transport agency or new sector transport agency during a specified period, the sector transport agency on which that duty, function or power was previously conferred does not have that duty, function or power during that specified period and any power or duty that the sector transport agency has in connection with, or as incidental to, the performance of that duty, function or power is withdrawn accordingly during that specified period. S. 65F(3) amended by No. 49/2019 s. 39(2). (3) If a Transport Restructuring Order confers a duty, function or power that is subject to any condition, restriction or requirement under any transport legislation, the duty, function or power is conferred subject to that condition, restriction or requirement and must only be performed or exercised subject to that condition, restriction or requirement. (4) If as a result of a Transport Restructuring Order— (a) a duty, function or power of a person or a person on behalf of the Crown is conferred on another person or another person on behalf of the Crown; and (b) that duty, function or power relates to an act, matter or thing of a continuing nature— that act, matter or thing continues to have effect as if that duty, function or power had always been performed or exercised by the person or person on behalf of the Crown on whom the duty, function or power is conferred. S. 65F(5) substituted by No. 49/2019 s. 39(3). (5) If as a result of a Transport Restructuring Order a duty, function or power may be performed or exercised concurrently by— (a) the Secretary and a sector transport agency; or (b) 2 sector transport agencies— the Minister may direct that in a particular case the function or power is to be performed or exercised only by the Secretary or the sector transport agency as specified in the direction. S. 65F(5A) inserted by No. 49/2019 s. 39(3). (5A) If as a result of a Transport Restructuring Order a duty, function or power may be performed or exercised concurrently by 2 sector transport agencies, the Secretary may direct that in a particular case the function or power is to be performed or exercised only by one of the sector transport agencies as specified in the direction. S. 65F(6) amended by No. 49/2019 s. 39(4). (6) A direction given under subsection (5) or (5A) does not affect the application of any other direction given under this Act. (7) This section is to be construed subject to any specific provision made in respect of the application of this section in the Transport Restructuring Order or in regulations made under section 65G. S. 65G inserted by No. 3/2017 s. 3.