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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Constitution (Appointments) Bill 2009
TABLE OF PROVISIONS
Clause Page
1 Purposes 1
2 Commencement 2
3 Definitions 2
4 Act to bind the Crown 2
5 Effect of relevant actions 3
6 Act not to give rise to liability against the State 3
7 Amendment of Constitution Act 1975 4
ENDNOTES 5
561360B.I-9/11/2009 i BILL LA INTRODUCTION 9/11/2009
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Constitution (Appointments) Bill 2009
A Bill for an Act relating to actions taken by Lieutenant-Governors
and Administrators of the State, to amend the Constitution Act 1975
and for other purposes.
The Parliament of Victoria enacts:
1 Purposes
The purposes of this Act are--
(a) to remove doubts relating to actions taken by
Lieutenant-Governors and Administrators of
5 the State at any time since the
commencement of the Australia Act 1986 of
the Commonwealth; and
(b) to amend the Constitution Act 1975 to
confer the power to appoint a person as
10 Lieutenant-Governor or Administrator
expressly on the Governor.
561360B.I-9/11/2009 1 BILL LA INTRODUCTION 9/11/2009
Constitution (Appointments) Bill 2009
s. 2
2 Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3 Definitions
5 In this Act--
Administrator means a person appointed as, or
purportedly appointed as, or purportedly
deemed to be appointed as, Administrator of
the State;
10 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
15 the exercise, or purported exercise, of
prerogative powers, done or omitted, or
purportedly done or omitted, at a relevant
time by a Lieutenant-Governor or an
Administrator during the administration, or
20 purported administration, of the government
of the State by that person, or whether acting
as the Governor's deputy or otherwise;
relevant time means any time between 5.00 a.m.
Greenwich Mean Time on 3 March 1986 and
25 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.
30 4 Act to bind the Crown
This Act binds the Crown in right of Victoria and,
in so far as the legislative power of the Parliament
of Victoria permits, the Crown in all its other
capacities.
561360B.I-9/11/2009 2 BILL LA INTRODUCTION 9/11/2009
Constitution (Appointments) Bill 2009
s. 5
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,
5 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,
10 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
15 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--
20 proceedings includes proceedings for an order in
the nature of prohibition, certiorari or
mandamus or for a declaration or injunction
or for any other relief;
the State includes any State authority or officer of
25 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
30 (d) a statutory corporation, or other body,
representing the Crown in right of the
State.
561360B.I-9/11/2009 3 BILL LA INTRODUCTION 9/11/2009
Constitution (Appointments) Bill 2009
s. 7
See: 7 Amendment of Constitution Act 1975
Act No.
8750. (1) For section 6A(2) of the Constitution Act 1975
Reprint No. 19 substitute--
as at
1 January
2009
"(2) The Governor may appoint a person as
5 and Lieutenant-Governor during the Governor's
amending
Act Nos
pleasure by Commission under the Public
4/2009 and Seal of the State.".
38/2009.
LawToday: (2) In section 6A(3) of the Constitution Act 1975
www.
legislation. for "Her Majesty's pleasure" substitute
10 vic.gov.au "the Governor's pleasure".
(3) For section 6A(4) of the Constitution Act 1975
substitute--
"(4) The Governor may appoint a person as
Administrator during the Governor's pleasure
15 by Commission under the Public Seal of the
State.".
561360B.I-9/11/2009 4 BILL LA INTRODUCTION 9/11/2009
Constitution (Appointments) Bill 2009
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561360B.I-9/11/2009 5 BILL LA INTRODUCTION 9/11/2009
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