Victorian Consolidated Legislation

Constitution (Supreme Court) Act 1989 - SECT 4

Validity of certain Acts etc.

4. Validity of certain Acts etc.



(1) 1The enactment or validity of the Retail Tenancies Act 1986, the
Planning and Environment Act 1987 or any other Act enacted or purporting to
have been enacted after 1 December 1975 and before 1 July 1991 shall not be
called in question in any proceeding in any court or tribunal on the ground
that the Bill for the Act contained any provision by which section 85 of the
Principal Act may be repealed, altered or varied and, because the requirements
of section 18(2) of the Principal Act were not complied with, the Bill was not
lawfully presented for Royal Assent or was void.

(2) In subsection (1), a reference to a provision in a Bill for an Act does
not include a reference to a provision directly amending Part III of the
Principal Act by the insertion, substitution, omission or repeal of matter.

(3) Anything done or omitted to be done under the authority or purported
authority of an Act to which subsection (1) applies shall not be called in
question on the ground referred to in subsection (1).

--------------- ENDNOTES 1. General Information Minister's second reading
speech- Legislative Assembly: 19 April 1989 Legislative Council: 26 May 1989
The long title for the Bill for this Act was "A Bill to amend Part III of the
Constitution Act 1975 and for other purposes.". The Constitution (Supreme
Court) Act 1989 was assented to on 2 June 1989 and came into operation on 2
June 1989: section 2. 2. Table of Amendments This Version incorporates
amendments made to the Constitution (Supreme Court) Act 1989 by Acts and
subordinate instruments.
------------------------------------------------------------- Constitution
(Jurisdiction of Supreme Court) Act 1991, No. 35/1991 Assent Date: 18.6.91
Commencement Date: S. 6 on 1.7.89: s. 2(1); rest of Act on 18.6.91: s. 2(2)
Current State: All of Act in operation
------------------------------------------------------------- 3. Explanatory
Details

1 S. 4(1): Section 7 of the Constitution (Jurisdiction of Supreme Court) Act
1991, No. 35/1991 reads as follows:
7. Transitional

(1) This section applies where, before 1 May 1991, a party to a proceeding
before a court or tribunal had sought, in the course of that proceeding, to
call in question the enactment or validity of an Act enacted or purporting to
have been enacted before that date but on or after 1 July 1989 on the ground
referred to in section 4 of the Constitution (Supreme Court) Act 1989.

(2) A court or tribunal may decide a question referred to in subsection (1) as
if this Act had not been enacted but only in so far as affects the particular
facts, matters or circumstances in issue in those proceedings.

(3) A decision of a court or tribunal under subsection (2) is not binding on
that or any other court or tribunal in relation to any other proceedings.

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Constitution (Supreme Court) Act 1989 No. 22 of 1989