Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Co-operative Schemes (Administrative Actions) Act
2001
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
3. Definitions 2
4. Co-operative schemes to which this Act applies--relevant State
Acts 4
5. Administrative functions and powers conferred on
Commonwealth authorities and officers 6
PART 2--VALIDATION OF INVALID ADMINISTRATIVE
ACTIONS 7
6. Invalid administrative actions to which Part applies 7
7. Operation of Part 7
8. Legal effect of invalid administrative actions 7
9. Rights and liabilities declared in certain cases 8
10. This Part to apply to administrative actions as purportedly in
force from time to time 9
PART 3--MISCELLANEOUS 10
11. Act binds Crown 10
12. Corresponding authorities or officers 10
13. Act not to give rise to liability against the State 10
14. Supreme Court--limitation of jurisdiction 11
15. Regulations 11
16. Amendment of Parliamentary Committees Act 1968 11
ENDNOTES 12
INDEX 13
i
541190B.A1-13/6/2001 BILL LA AS SENT 13/6/2001
PARLIAMENT OF VICTORIA
Initiated in Assembly 16 May 2001
As amended by Assembly 12 June 2001
A BILL
relating to administrative actions taken by Commonwealth authorities
or officers of the Commonwealth under the Agricultural and
Veterinary Chemicals (Victoria) Act 1994 and other State co-
operative scheme laws, to amend the Parliamentary Committees Act
1968 and for other purposes.
Co-operative Schemes (Administrative
Actions) Act 2001
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to validate certain
invalid administrative actions taken by
5 Commonwealth authorities or officers of the
1
541190B.A1-13/6/2001 BILL LA AS SENT 13/6/2001
Co-operative Schemes (Administrative Actions) Act 2001
s. 2
Act No.
Commonwealth under the Agricultural and
Veterinary Chemicals (Victoria) Act 1994 and
other State co-operative scheme laws by giving
them the effect they would have had if they had
5 been taken by State authorities or officers of the
State duly authorised to take those actions.
2. Commencement
This Act comes into operation on a day or days to
be proclaimed.
10 3. Definitions
In this Act--
"administrative action" means an act or
omission of an administrative or legislative
nature, and includes any act or omission of
15 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
20 provided by section 4(4))--
(a) in relation to the Agricultural and
Veterinary Chemicals (Victoria) Act
1994--the time when section 4(1)
commences; or
25 (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);
30 "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
2
541190B.A1-13/6/2001 BILL LA AS SENT 13/6/2001
Co-operative Schemes (Administrative Actions) Act 2001
s. 3
Act No.
Australia, the Family Court of Australia or
the Federal Magistrates Court;
"confer" includes impose;
"function" includes a duty;
5 "invalid administrative action" means an
administrative action of a Commonwealth
authority or an officer of the Commonwealth
taken, or purportedly taken--
(a) pursuant to a function or power
10 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
15 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
20 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
25 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;
30 "liability" includes a duty or obligation;
"officer of the Commonwealth" has the same
meaning as in section 75(v) of the
Constitution of the Commonwealth;
3
541190B.A1-13/6/2001 BILL LA AS SENT 13/6/2001
Co-operative Schemes (Administrative Actions) Act 2001
s. 4
Act No.
"relevant function or power" means a function
or power referred to in paragraph (a) of the
definition of "invalid administrative action";
"relevant State Act" is defined in section 4;
5 "right" includes an interest or status.
4. Co-operative schemes to which this Act applies--
relevant State Acts
(1) For the purposes of this Act, "relevant State
Act" means--
10 (a) the Agricultural and Veterinary
Chemicals (Victoria) Act 1994; and
(b) any other Act specified in a proclamation
under sub-section (2)--
and includes any law applying as a law of the
15 State by force of any such Act.
(2) The Governor in Council may, by proclamation
published in the Government Gazette, declare that
a specified Act is a relevant State Act for the
purposes of this Act.
20 (3) A proclamation under sub-section (2)
commences--
(a) at the beginning of the day on which it is
published in the Government Gazette; or
(b) at a later time, being a specified time of a
25 day specified in the proclamation.
(4) The Governor in Council may, by proclamation
published in the Government Gazette, declare that
the commencement time in relation to a relevant
State Act is the specified time of a day specified
30 in the proclamation (being a day that is not later
than the day on which the proclamation is
published in the Government Gazette). This Act
has effect in respect of the commencement time so
4
541190B.A1-13/6/2001 BILL LA AS SENT 13/6/2001
Co-operative Schemes (Administrative Actions) Act 2001
s. 4
Act No.
declared whether or not it has already had effect
in respect of an earlier commencement time.
(5) Before submitting a draft proclamation under sub-
section (2) to the Governor in Council for making,
5 the Minister must refer the draft to the Scrutiny of
Acts and Regulations Committee for consideration
and report to the Minister and the Parliament as to
whether the proposed declaration, as a relevant
State Act for the purposes of this Act, of an Act
10 specified in the draft proclamation is in all the
circumstances appropriate and desirable.
(6) Before submitting a draft proclamation under sub-
section (4) to the Governor in Council for making,
the Minister must refer the draft to the Scrutiny of
15 Acts and Regulations Committee for consideration
and report to the Minister and the Parliament as to
whether the proposed declaration, in relation to a
relevant State Act, of the commencement time
specified in the draft proclamation is in all the
20 circumstances appropriate and desirable.
(7) On submitting a draft proclamation to the Scrutiny
of Acts and Regulations Committee under sub-
section (5) or (6), the Minister must specify a date
by which a report must be given to him or her.
25 The specified date must be not less than 1 month
after the date on which the draft proclamation is
submitted to the Committee.
(8) A draft proclamation, when submitted to the
Scrutiny of Acts and Regulations Committee
30 under sub-section (5) or (6), must be accompanied
by a statement of the reasons for the proposal to
make the proclamation.
(9) The Minister must consider any report given to
him or her by the Scrutiny of Acts and
35 Regulations Committee under this section on or
before the date specified by him or her under sub-
5
541190B.A1-13/6/2001 BILL LA AS SENT 13/6/2001
Co-operative Schemes (Administrative Actions) Act 2001
s. 5
Act No.
section (7) in relation to that report and, after
considering that report, may decide to submit, or
not to submit, the draft proclamation to the
Governor in Council for making.
5 5. Administrative functions and powers conferred on
Commonwealth authorities and officers
(1) A relevant State Act does not purport to impose
any duty on a Commonwealth authority or an
officer of the Commonwealth to perform a
10 function, or to exercise a power, in relation to a
matter arising under the relevant State Act if the
imposition of the duty would be beyond the
legislative power of the Parliament of the State.
(2) This section does not limit the operation of
15 section 6 of the Interpretation of Legislation
Act 1984.
_______________
6
541190B.A1-13/6/2001 BILL LA AS SENT 13/6/2001
Co-operative Schemes (Administrative Actions) Act 2001
s. 6
Act No.
PART 2--VALIDATION OF INVALID ADMINISTRATIVE
ACTIONS
6. Invalid administrative actions to which Part applies
This Part applies to invalid administrative actions
5 that have been taken, or have purportedly been
taken, under a relevant State Act at or before the
commencement time in relation to that Act.
7. Operation of Part
(1) Subject to sub-section (2), this Part extends to
10 rights or liabilities arising between parties to
proceedings initiated at or before the
commencement time in relation to a relevant State
Act where an allegedly invalid administrative
action is or was the subject of or relevant to the
15 proceedings.
(2) This Part does not affect rights or liabilities
arising between parties to proceedings heard and
finally determined at or before the commencement
time in relation to a relevant State Act to the
20 extent to which those rights or liabilities arise
from, or are affected by, an invalid administrative
action.
(3) This Part extends to administrative actions as
affected by the operation of section 28B of the
25 Agricultural and Veterinary Chemicals
(Victoria) Act 1994.
8. Legal effect of invalid administrative actions
Every invalid administrative action has, and is
deemed always to have had, the same force and
30 effect for all purposes as it would have had if--
(a) it had been taken, or purportedly taken, by a
State authority or officer of the State; and
7
541190B.A1-13/6/2001 BILL LA AS SENT 13/6/2001
Co-operative Schemes (Administrative Actions) Act 2001
s. 9
Act No.
(b) the relevant function or power had been duly
conferred on that officer or authority.
9. Rights and liabilities declared in certain cases
(1) Without affecting the generality of section 8, the
5 rights and liabilities of all persons are, by force of
this Act, declared to be, and always to have been,
for all purposes the same as if--
(a) every invalid administrative action had been
taken, or purportedly taken, by a State
10 authority or officer of the State; and
(b) the relevant function or power had been duly
conferred on that authority or officer.
(2) A right or liability conferred or affected by sub-
section (1)--
15 (a) is exercisable or enforceable; and
(b) is to be regarded as always having been
exercisable or enforceable--
as if it were a right or liability conferred or
affected by (or arising from) an administrative
20 action of a State authority or officer of the State
on which or whom the relevant function or power
had been duly conferred.
(3) Any act or thing done or omitted to be done at or
before the commencement time in relation to a
25 relevant State Act under or in relation to a right or
liability conferred or affected by sub-section (1)--
(a) has the same effect, and gives rise to the
same consequences, for the purposes of any
written or other law; and
30 (b) is to be regarded as always having had the
same effect, and given rise to the same
consequences, for the purposes of any
written or other law--
8
541190B.A1-13/6/2001 BILL LA AS SENT 13/6/2001
Co-operative Schemes (Administrative Actions) Act 2001
s. 10
Act No.
as if it were done, or omitted to be done, to give
effect to, or under the authority of, or in reliance
on, an administrative action of a State authority or
officer of the State on which or whom the relevant
5 function or power had been duly conferred.
10. This Part to apply to administrative actions as
purportedly in force from time to time
(1) The purpose of this section is to ensure that this
Part operates to give to an invalid administrative
10 action that has subsequently been affected by
another action or process no greater effect than it
would have had if the administrative action, or
any other relevant administrative action, had not
been invalid on constitutional grounds (arising
15 from the circumstances referred to in paragraphs
(a) and (b) of the definition of "invalid
administrative action" in section 3).
(2) If administrative action taken by a
Commonwealth authority or an officer of the
20 Commonwealth was affected (whether by way of
revocation, modification or otherwise) at or before
the commencement time in relation to a relevant
State Act by any later administrative action or by
any judicial process or by any administrative
25 review process, this Part applies to the
administrative action as so affected from time to
time.
(3) In this section, a reference to administrative action
taken includes a reference to administrative action
30 purportedly taken, and a reference to
administrative action affected in any way includes
a reference to administrative action purportedly
affected in that way.
_______________
35
9
541190B.A1-13/6/2001 BILL LA AS SENT 13/6/2001
Co-operative Schemes (Administrative Actions) Act 2001
s. 11
Act No.
PART 3--MISCELLANEOUS
11. Act binds Crown
This Act binds the Crown in right of Victoria and,
in so far as the legislative power of the Parliament
5 of Victoria permits, the Crown in all its other
capacities.
12. Corresponding authorities or officers
It is immaterial, for the purposes of this Act, that a
Commonwealth authority or an officer of the
10 Commonwealth does not have a counterpart in the
State, or that the powers and functions of a
counterpart State authority or a counterpart officer
of the State do not correspond exactly or
substantially with those of the Commonwealth
15 authority or the officer of the Commonwealth.
13. 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 or the
20 making, publication or operation of a
proclamation under section 4.
(2) Without limiting sub-section (1), no proceedings
lie against the State in respect of an administrative
action affected by this Act, except to the extent
25 that the proceedings would lie had this Act not
been enacted or a proclamation under section 4
not been made.
(3) In this section--
"proceedings" includes proceedings for an order
30 in the nature of prohibition, certiorari or
mandamus or for a declaration or injunction
or for any other relief;
10
541190B.A1-13/6/2001 BILL LA AS SENT 13/6/2001
Co-operative Schemes (Administrative Actions) Act 2001
s. 14
Act No.
"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
5 (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.
10 14. Supreme Court--limitation of jurisdiction
It is the intention of section 13 to alter or vary
section 85 of the Constitution Act 1975.
15. Regulations
(1) The Governor in Council may make regulations
15 for or with respect to any matter or thing required
or permitted by this Act to be prescribed or
necessary to be prescribed to give effect to this
Act.
(2) Without limiting sub-section (1), the regulations
20 may deal with matters of a savings or transitional
nature consequent on the enactment of this Act or
the making of a proclamation under section 4.
16. Amendment of Parliamentary Committees Act 1968
In section 4D of the Parliamentary Committees
25 Act 1968, after paragraph (ca) insert--
"(cb) such functions as are conferred on the
Committee by the Co-operative Schemes
(Administrative Actions) Act 2001; and".
30
11
541190B.A1-13/6/2001 BILL LA AS SENT 13/6/2001
Co-operative Schemes (Administrative Actions) Act 2001
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
12
541190B.A1-13/6/2001 BILL LA AS SENT 13/6/2001
Co-operative Schemes (Administrative Actions) Act 2001
Act No.
INDEX
Subject Clause
Act
amendment of Parliamentary Committees Act
16
1968
application to relevant State Acts 4
commencement 2
Crown bound by 11
no liability, proceedings against State arising from 13
purpose 1
3
Administrative action (def.)
Agricultural and Veterinary Chemicals (Victoria)
Act 1994
as relevant State Act 4
3, 4
Commencement time
Commonwealth authorities and officers
corresponding State authorities, officers 12
definitions 3
functions, powers conferred by relevant State Acts 5
relevant function or power (def.) 3
3
Definitions
Invalid administrative actions
affected by later actions 10
application and operation of Part 2 6н7
as subject of proceedings 7
definition 3
legal effect 8
rights and liabilities arising from 9
Minister
powers and duties regarding draft proclamations 4
15
Regulations
Relevant State Acts
definition 4
functions, powers conferred on Commonwealth
authorities, officers by 5
proclamations declaring specified Acts as 4, 13
Rights and liabilities
application of Part 2 7
declared to be the same 9
definitions 3
Scrutiny of Acts and Regulations Committee
referral of draft proclamations to 4
Supreme Court
limitation of jurisdiction 14
ннннннннннннннннннннннннннннннннннннннннннннннннннннннннннннн
13
541190B.A1-13/6/2001 BILL LA AS SENT 13/6/2001
[Index] [Search] [Download] [Related Items] [Help]