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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
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CONSTITUTION (DOUBTS REMOVAL) BILL 2009
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CONTENTS
1. Short title
2. Commencement
3. Interpretation
4. Act to bind the Crown
5. Effect of relevant actions
6. Act not to give rise to liability against the State
7. Administration of Act
8. Consequential amendments
Schedule 1 Consequential Amendments
[Bill 98]-I
2
CONSTITUTION (DOUBTS REMOVAL) BILL 2009
(Brought in by the Premier, the Honourable David John
Bartlett)
A BILL FOR
An Act to remove doubts relating to actions taken by
Lieutenant-Governors, Deputy Lieutenant-Governors,
Administrators and Deputy Administrators of the State at
any time since the commencement of the Australia Act 1986
of the Commonwealth, to amend the Constitution Act 1934
and for other purposes
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Constitution
(Doubts Removal) Act 2009.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
3. Interpretation
In this Act
[Bill 98] 3
Constitution (Doubts Removal) Act 2009
Act No. of
s. 3
"Administrator" means a person appointed
as, or purportedly appointed as,
Administrator of the State;
"Deputy Administrator" means a person
appointed as, or purportedly appointed
as, Deputy Administrator of the State;
"Deputy Lieutenant-Governor" means a
person appointed as, or purportedly
appointed as, Deputy Lieutenant-
Governor of the State;
"Lieutenant-Governor" means a person
appointed as, or purportedly appointed
as, Lieutenant-Governor of the State;
"relevant action" means an act or omission
of an administrative or legislative nature,
including the exercise, or purported
exercise, of prerogative powers, done or
omitted, or purportedly done or omitted,
at a relevant time by a Lieutenant-
Governor, a Deputy Lieutenant-
Governor, an Administrator or a Deputy
Administrator during the administration,
or purported administration, of the
government of the State by that person;
"relevant time" means any time between 5.00
a.m. Greenwich Mean Time on 3 March
1986 and the commencement of this Act.
Note: The Australia Act 1986 of the
Commonwealth came into operation at 5.00 a.m.
Greenwich Mean Time on 3 March 1986.
4
Constitution (Doubts Removal) Act 2009
Act No. of
s. 4
4. Act to bind the Crown
This Act binds the Crown in right of Tasmania
and, so far as the legislative power of the
Parliament permits, in all its other capacities.
5. Effect of relevant actions
Every relevant action has, and is deemed always
to have had, the same force and effect for all
purposes as it would have had if it had been
done, or omitted to be done, at the relevant time
by a person validly holding the office of
Governor at that time.
6. Act not to give rise to liability against the State
(1) The State is not liable to any action, liability,
claim or demand arising from the enactment,
commencement or operation of this Act.
(2) Without limiting subsection (1), no proceedings
lie against the State in respect of a relevant
action affected by this Act, except to the extent
that the proceedings would lie had the relevant
action been done, or omitted to be done, at the
relevant time by a person validly holding the
office of Governor.
(3) In this section
"proceedings" includes proceedings for an
order in the nature of prohibition,
certiorari or mandamus or for a
5
Constitution (Doubts Removal) Act 2009
Act No. of
s. 7
declaration or injunction or for any other
relief;
"the State" includes any State authority or
officer of the State, and also includes
(a) the Crown in right of the State;
and
(b) the Government of the State; and
(c) a Minister of the Crown in right
of the State; and
(d) a statutory corporation, or other
body, representing the Crown in
right of the State.
7. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990
(a) the administration of this Act is assigned
to the Premier; and
(b) the department responsible to the
Premier in relation to the administration
of this Act is the Department of Premier
and Cabinet.
6
Constitution (Doubts Removal) Act 2009
Act No. of
s. 8
8. Consequential amendments
The legislation specified in Schedule 1 is
amended as specified in that Schedule.
7
Constitution (Doubts Removal) Act 2009
Act No. of
sch. 1
SCHEDULE 1 CONSEQUENTIAL AMENDMENTS
Section 8
Constitution Act 1934
1. Section 8(3) is amended by omitting "under
Royal Sign Manual and Signet".
8 Government Printer, Tasmania