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Anti-Personnel Mines Convention Bill 1998

Part 5 Miscellaneous

   

29   Delegation by Minister or Minister for Defence

Delegation by the Minister

             (1)  The Minister may, by writing, delegate to:

                     (a)  the Secretary to the Department; or

                     (b)  a person holding or performing the duties of a Senior Executive Service office or position (whether or not in the Department);

all or any of the Minister’s powers under this Act.

             (2)  A delegate is, in the exercise of a power delegated under subsection (1), subject to the directions of the Minister.

Delegation by the Minister for Defence

             (3)  The Minister for Defence may, by writing, delegate to:

                     (a)  the Secretary to the Department of Defence; or

                     (b)  the Secretary to the Department; or

                     (c)  the Chief of the Defence Force; or

                     (d)  a person holding or performing the duties of a Senior Executive Service office or position (whether or not in the Department); or

                     (e)  an officer of the Navy who holds the rank of Commodore or a higher rank; or

                      (f)  an officer of the Army who holds the rank of Brigadier or a higher rank; or

                     (g)  an officer of the Air Force who holds the rank of Air Commodore or a higher rank;

the power conferred on the Minister for Defence by subsection 8(1).

             (4)  A delegate covered by paragraph (3)(a), (c), (e), (f) or (g) must not exercise the power delegated under subsection (3) unless the exercise of the power relates to the operation of the Australian Defence Force.

             (5)  A delegate is, in the exercise of a power delegated under subsection (3), subject to the directions of the Minister for Defence.

30   Privileges and immunities

             (1)  This section applies to a fact-finding mission to Australia that is authorised by Article 8 of the Convention.

             (2)  The regulations may confer on the members of the mission such privileges and immunities as are necessary or desirable to give effect to, or facilitate the operation of, that Article.

             (3)  The privileges and immunities conferred by the regulations are privileges and immunities in relation to the operation of the laws of the Commonwealth and of the laws of the States and Territories.

             (4)  This section does not limit the International Organisations (Privileges and Immunities) Act 1963 .

31   Powers to be exercised in accordance with Convention

             (1)  A person may exercise a power or perform a duty under this Act only to the extent that the exercise or performance is not inconsistent with Australia’s obligations under the Convention.

             (2)  A person must, in exercising a power under this Act, have regard to Australia’s obligations under the Convention.

32   Offences

                   Chapter 2 of the Criminal Code applies to all offences against this Act.

33   Compensation for acquisition of property

             (1)  If:

                     (a)  apart from this section, the operation of this Act would result in the acquisition of property from a person otherwise than on just terms; and

                     (b)  the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;

the Commonwealth is liable to pay the person a reasonable amount of compensation in respect of the acquisition.

             (2)  If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

             (3)  In this section:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.

34   Regulations

                   The Governor-General may make regulations prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.