Exercising powers. (a) The Company may, in any way the Companies Law permits:
(1) exercise any power;
(2) take any action; or
(3) engage in any conduct or procedure; which, under the Companies Law, a company limited by shares may exercise, take or engage in.
(b) Where these articles provide that a person ‘may’ do a particular act or thing, the act or thing may be done at the person’s discretion.
(c) Where these articles confer a power to do a particular act or thing, the power is, unless the contrary intention appears, to be taken as including a power exercisable in the same way and subject to the same conditions (if any) to repeal, rescind, revoke, amend or vary that act or thing.
(d) Where these articles confer a power to do a particular act or thing, the power may be exercised from time to time and may be exercised subject to conditions.
(e) Where these articles confer a power to do a particular act or thing concerning particular matters, the power is, unless the contrary intention appears, to be taken to include a power to do that act or thing as to only some of those matters or as to a particular class of those matters, and to make different provision concerning different matters or different classes of matters.
(f) Where these articles confer a power to make appointments to an office or position (except the power to appoint a director under article 8.1(b)), the power is, unless the contrary intention appears, to be taken to include a power:
(1) to appoint a person to act in the office or position until a person is formally appointed to the office or position;
(2) to remove or suspend any person appointed (without prejudice to any rights or obligations under any contract between the person and the Company); and
(3) to appoint another person temporarily in the place of any person removed or suspended or in the place of any sick or absent holder of the office or position.
(g) Where these articles give power to a person to delegate a function or power:
(1) the delegation may be concurrent with, or (except in the case of a delegation by the Board) to the exclusion of, the performance or exercise of that function or power by the person;
(2) the delegation may be either general or limited in any way provided in the terms of delegation;
(3) the delegation need not be to a specified person but may be to any person holding, occupying or performing the duties of a specified office or position;
(4) the delegation may include the power to delegate; and
(5) where performing or exerc...
Exercising powers. 14.1 The Parties acknowledge that rights, powers, duties and obligations of the Authority under all public and private laws, statutes, byelaws, orders and regulations may be as fully and effectually exercised by the Authority whether in relation to the Project or otherwise as if it were not party to this Contract or any other Project Document or any Ancillary Document and this Contract, all other Project Documents and all Ancillary Documents had not been executed by the Authority.
14.2 The exercise by the Authority whether acting by any officer, agent, or employee or other representative of the Authority or otherwise of its rights, powers, duties and obligations in the manner aforesaid other than in its capacity as a contracting counterparty shall not be deemed, for the purposes of this Contract, to be an act or omission of the Authority or any Authority Party.
14.3 Nothing contained or implied in this Contract or any Project Document or Ancillary Document shall prejudice, affect, restrict or xxxxxx the Authority's rights, powers, duties and obligations in the exercise of its functions in any statutory capacity (including as highway authority, as public lighting authority, as planning authority or otherwise).
14.4 Without prejudice to the Authority’s position as set out in Clauses 14.1 to 14.3 (inclusive), subject to Clause 14.11 (Authorised Statutory Powers) where the Service Provider considers (acting reasonably) that the exercise of any statutory function (whether a power or duty) (whether by the granting of any Necessary Consent or by the exercise of any such function against any Third Party) but not including the exercise of the General Power of Competence is necessary in order to enable the Service Provider to perform any of the Services (the "Requested Statutory Power"), the provisions of the following Clauses of Clause 14 shall apply.
14.5 In Clause 14.4, the word ‘necessary’ shall be construed to mean that:
14.5.1 it would be reasonable in all the circumstances (having regard to the action a local authority in the same position as the Authority acting in accordance with Good Industry Practice would take in those circumstances) for the Service Provider to request that the Authority exercises the Requested Statutory Power; and
14.5.2 the Service Provider has demonstrated to the reasonable satisfaction of the Authority that it could not avoid or have avoided the need for the exercise of the Requested Statutory Power by taking such steps as it could r...
Exercising powers. The Regulators are required to agree with each other before exercising certain powers under the FAR. This takes into consideration that ASIC may in general only exercise FAR powers in respect of entities that hold an Australian financial services licence or an Australian credit licence. However, where appropriate, one Regulator may choose to delegate its power to commence proceedings under the FAR, to the other Regulator.
