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even if the relevant powers existed

Posted by Elizabeth on December 27, 2017

Third, even if the relevant powers existed in 2012; and even if you accept the proposition that those rules empower the AFL Commission in relation to prior years and not only to make declarations of eligibility for the present season the power conferred on the Commission is discretionary. The power isn’t expressed as being “unfettered” or “absolute”; thus some semblance of reasonableness must be expected. The AFL Commission isn’t compelled to act..

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