Penny Wong (SA, Australian Labor Party, Minister for Finance and Deregulation) Share this | Hansard source

The word 'may' in this context I would suggest is probably no different to the way in which statutory discretions are defined across many provisions in legislation state and federal. It is a discretion that gives a statutory agency particular powers. They have a discretion in that. Obviously it would be a matter for the agency as to how they may choose to explicate in more detail how they would want to approach the exercise of those powers. That is not spelt out in legislation, and that is not an unusual thing. There are a lot of statutory discretions in the form that you have described.