Executive Councillors (Functions Substitution) Act No 27a (NSW)

No. VI.

A n Act to enable t he Governor wi th t h e advice

of the Execut ive Council to m a k e cer ta in

of

a r r a n g e m e n t s	for	t he	adminis t ra t ion	of
t h e	D e p a r t m e n t s	of	Government .	[5th

July, 1880.]

WH E R E A S it is expedient (in cases of emergency or necessi ty or convenience) t h a t t h e assumpt ion by a M e m b e r of t h e Execu t i ve

for t h e despa tch of u r g e n t publ ic business or for greater publ ic

Counci l of cer ta in funct ions of Government which by t h e t e rms of t h e s t a tu t e law or by impl ica t ion thereof or by official pract ice appear to

apper ta in or to be annexed to some other M e m b e r of t he said Counci l

by his official des ignat ion should for t h e fu tu re have t h e sanct ion of

a n A c t of P a r l i a m e n t Be i t therefore enac ted b y t h e Queen ' s Mos t Exce l l en t Majes ty by a n d wi th t he advice and consent of t he Legisla­ t ive Counci l and Legis la t ive Assembly of N e w Sou th "Wales i n Par l ia ­ m e n t assembled and by the au tho r i t y of t h e same as follows :—

1. This A c t m a y be ci ted for al l purposes as t h e " E x e c u t i v e

Counci l lors (Func t ions Subs t i tu t ion) A c t " and in i ts cons t ruct ion t h e

expression " M e m b e r of t h e Execu t ive C o u n c i l " includes any M e m b e r

of such Council heretofore appointed or hereafter to be appointed and sworn in a Member thereof being also a Minister of the Crown but does not include the Governor or Officer administering the Government of this Colony.

2. I t shall be lawful for the Governor with the advice of the Executive Council to authorize any Member of the said Council to exercise the powers and perform the official duties and be responsible for the obligations appertaining or annexed to any other member of the said Council in respect to the administration of any Department of the Public Service whether such powers duties or obligations shall have been or be created by virtue of the terms (express or implied) of any Act of Parliament or shall have been or be sanctioned by official or other custom Provided that no such authority shall be granted under this Act in respect of the powers duties and obligations now or hereafter to be by law annexed or incident to the office of Her Majesty's Attorney-General.
3. Every such authority so to be granted shall be in such terms and subject to such conditions as the Governor with the advice afore­ said shall think fit and shall be duly recorded by the Officer in charge of the Records of the Executive Council.
4. Any official document minute instrument or paper of what kind soever (subject however to the proviso in the second section of this Act) which according to official custom or to the requirements of any Act of Parliament requires or appears to require the signature of any particular Member of the Executive Council shall in the absence or other disability of such Member be valid and effectual to all intents and purposes if signed by any other Member of the said Council.

5. All acts whatsoever connected with the administration of any Department of the Public Service or Act of the Legislature done or commenced before the passing of this Act by any Member of the Executive Council having assumed to act in the place of any other Member of the said Council shall be as valid and effectual to all intents and purposes as if the same had been done or commenced by such last- mentioned Member of the said Council.