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Part Three

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12 Functions of the Treaty Authority

12.1 Functions

The Treaty Authority has the functions provided by this Agreement, the Treaty Act, Treaty Authority Act, Statewide Treaty and Statewide Treaty Act. The Framework details the functions of the Treaty Authority and the processes by which the Treaty Authority will perform those functions.

In performing its functions, the Treaty Authority must, at all times, act with regard to the central tenets set out in clause 1 of this Agreement.

12.2 Additional functions

The Treaty Authority has the following additional functions:

  • Pursuant to section 28(2) of the Treaty Act, providing for the resolution of disputes incidental to or in connection with Treaty negotiations in accordance with the Framework.
  • Pursuant to section 28(2) of the Treaty Act, any such additional functions hereafter agreed by the Parties and recorded in the Framework consistent with the Treaty Act. The Parties will consult with the Treaty Authority before conferring additional functions on the Treaty Authority under the Framework.
  • Pursuant to section 8 of the Treaty Authority Act and in accordance with Schedule A of the Statewide Treaty, providing for the resolution of disputes arising under or in connection with the Statewide Treaty, including in relation to the implementation, interpretation, application or alleged non-fulfilment of commitments under this Statewide Treaty, including disputes in relation to funding.
  • Pursuant to sections 14 and 20 of the Treaty Authority Act and as detailed in Schedule C, to employ the Electoral Officer established by Part 3 of the Treaty Authority Act (as amended by the Statewide Treaty Act).

The Treaty Authority has the further functions conferred by legislation and set out in Schedule C to this Agreement.

12.3 Human rights

In performing its functions and duties under this Agreement, the Framework and the Treaty Act, the Treaty Authority must not act incompatibly with human rights and must give proper consideration to relevant human rights when making decisions, as if it were a public authority within the meaning of section 4(1)(b) of the Charter of Human Rights and Responsibilities Act 2006 (Vic).

13 Powers of the Treaty Authority

The Treaty Authority has the power to do all such things that are necessary and incidental to performing its functions and duties under this Agreement, the Framework and the Treaty Act.

Nothing in the Treaty Act under which this Agreement is made allows the Treaty Authority to exercise coercive powers, the non-compliance with which carries a civil or criminal penalty.

The Treaty Authority also has those powers conferred by the Treaty Authority Act and Statewide Treaty Act that enable it to perform its functions under this Agreement, the Framework and the Treaty Act and meet its duties under this Agreement.

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