After section 13 of the Principal Act, the following sections are inserted:

13A.     Delegation of implementation of State Policies

(1)  The Minister may, by instrument in writing, delegate the implementation of a State Policy to another Minister specified in the instrument of delegation.

(2)  The Minister may revoke, wholly or in part, or vary a delegation at any time.

(3)  A delegation under this section may be made subject to such conditions as are specified in the instrument of delegation.

(4)  A State Policy, the implementation of which has been delegated under this section, may be implemented only in accordance with the terms of the delegation and any conditions to which the delegation is subject.

(5)  A State Policy, the implementation of which has been delegated under this section, that is implemented by a delegate is taken to have been implemented by the delegator.

(6)  If the implementation of a State Policy is delegated to a particular Minister –

(a) the delegation does not cease to have effect merely because the person who was the particular Minister when the implementation of the State Policy was delegated ceases to be that Minister; and

(b) the State Policy may be implemented by the person for the time being occupying or acting in the office of that Minister.

(7)  A State Policy, the implementation of which has been delegated under this section, may, notwithstanding the delegation, be implemented by the delegator.

(8)  In all courts and before all persons acting judicially, an instrument purporting to be executed by a delegate in the capacity as a delegate is to be received in evidence as if it were an instrument executed by the delegator and is to be taken to be an instrument executed by the delegator.

13B.     State Policies may require statutory authorities to undertake certain activities

(1)  Subject to subsection (3) , a State Policy may require a statutory authority or statutory office holder to undertake activities, perform functions and exercise powers specified in the State Policy.

(2)  A statutory authority that, or statutory office holder who, undertakes activities, performs functions or exercises powers specified in a State Policy pursuant to a requirement under subsection (1) must, in doing so, seek to promote the principles contained in the State Policy and to further the objectives set out in Schedule 1 .

(3)  A statutory authority or statutory office holder is not to be required to undertake activities, perform functions or exercise powers that are inconsistent with the statutory functions or powers of the statutory authority or statutory office holder.

(4)  In this section –

statutory authority means an incorporated or unincorporated body which is established, constituted or continued by or under an Act or under the royal prerogative, being a body which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister or another statutory authority;

statutory functions or powers , in relation to a statutory authority or statutory office holder, means the functions or powers conferred on the statutory authority or statutory office holder by an enactment;

statutory office holder means the holder of an office which is established by or under an enactment.

13C.     State Policies to bind Crown and councils

A State Policy binds –

(a) the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities; and

(b) a council.

13D.     State Policies may adopt standards, codes, &c.

(1)  A State Policy may adopt, either wholly or in part and with or without modification and either specifically or by reference, any of the standards, rules, codes, specifications, management plans or similar documents of any body approved by the Minister, whether the standards, rules, codes, specifications, management plans or documents are published, made or amended before or after the commencement of the State Policies and Projects Amendment Act 1997 .

(2)  A reference in subsection (1) to standards, rules, codes, specifications, management plans or documents includes an amendment of those standards, rules, codes, specifications, management plans or documents whether the amendment is published, made or issued before or after the commencement of the State Policies and Projects Amendment Act 1997 .