Victorian Consolidated Legislation

Co-operative Schemes (Administrative Actions) Act 2001 - SECT 9

Rights and liabilities declared in certain cases

9. Rights and liabilities declared in certain cases



(1) Without affecting the generality of section 8, the 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 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 subsection (1)-

   (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 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 relevant State Act under or in relation to a right or
liability conferred or affected by subsection (1)-

   (a)  has the same effect, and gives rise to the same consequences, for the
        purposes of any written or other law; and

   (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-

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 function or power had
been duly conferred.