New South Wales Consolidated Acts New South Wales Consolidated ActsIn this Act:
"administrative action" means an act or omission of an administrative or
legislative nature, and includes any act or omission of an administrative
nature that is done or omitted in the course of or ancillary to or preliminary
to or subsequent to judicial proceedings (civil or criminal).
"commencement time" means (except as provided by section 4 (4)):
(a) in relation to the Agricultural and Veterinary Chemicals (New South Wales) Act 1994 -the time when section 4 (1) (a) commences, or
(a1) in relation to the Water Efficiency Labelling and Standards (New South Wales) Act 2005 -the time when section 4 (1) (a1) commences, or
(b) in relation to any other relevant State Act-the time when it becomes a relevant State Act for the purposes of this Act by a proclamation made under section 4 (2)."Commonwealth authority" means an authority or body (whether incorporated or not) that is established or continued in existence by or under an Act of the Commonwealth, but does not include the Federal Court of Australia, the Family Court of Australia or the Federal Magistrates Court.
(a) pursuant to a function or power conferred, or purportedly conferred, by or under a relevant State Act (the "relevant function or power"), and
(b) in circumstances where the relevant function or power could not have been conferred on the authority or officer by a law of the Commonwealth the operation of which in the relevant respect was based on the legislative powers of the Parliament of the Commonwealth (including, for example, circumstances where the authority or officer was, or purportedly was, under an express or implied duty to perform the function or exercise the power),that was invalid because of the circumstances referred to in paragraphs (a) and (b), whether or not it was also invalid on any other ground.