12 Functions of the Treaty Authority
The Treaty Authority has the functions provided by the 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
Pursuant to section 28(2) of the Treaty Act, the Treaty Authority has the additional function of 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, the Treaty Authority has 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.
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 that enable it to perform its functions under this Agreement, the Framework and the Treaty Act and meet its duties under this Agreement.
Reviewed 28 October 2022