77   Arrangements relating to applicable provisions

(1)  Where an arrangement between the Attorney General and the Commonwealth Minister provides:

(a)  that an authority or officer of the Commonwealth has certain functions or powers under a relevant State law, or

(b)  that, despite section 33 or 39, an authority or officer of the State has certain functions or powers under an applicable provision of this jurisdiction,

      those functions or powers are conferred on that authority or officer.

(2)  Functions and powers conferred under an arrangement under subsection (1) are to be performed and exercised in accordance with the arrangement but are to be taken to have been validly performed or exercised despite any failure to comply with any condition or restriction under the arrangement.

(3)  Such an arrangement may not be entered into without the concurrence of the Premier.