Victorian Consolidated Legislation

Co-operative Schemes (Administrative Actions) Act 2001 - SECT 3

Definitions

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 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 (Victoria) Act 1994-the time
        when section 4(1) commences; or

   (ab) in relation to a Gas Act-the time when Part 7 of the Energy
        Legislation (Consumer Protection and Other Amendments) Act 2003
        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;

confer includes impose;

function includes a duty; Gas Act means-

   (a)  the Gas Industry Act 1994;

   (b)  the Gas Industry (Residual Provisions) Act 1994;

   (c)  the Gas Industry Act 2001;



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 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;

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;

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;

right includes an interest or status.