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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Co-operative Schemes (Administrative Actions)
Bill 2001
CONTENTS
Part 1 -- Preliminary
1. Short title 2
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 5
Part 2 -- Validation of invalid
administrative actions
6. Invalid administrative actions to which Part applies 6
7. Operation of Part 6
8. Legal effect of invalid administrative actions 6
9. Rights and liabilities declared in certain cases 7
10 . This Part to apply to administrative actions as
purportedly in force from time to time 8
Part 3 -- Miscellaneous
11 . Act binds Crown 9
12 . Corresponding authorities or officers 9
13 . Act not to give rise to liability against the State 9
14 . Regulations 10
page i
13--2
Western Australia
LEGISLATIVE COUNCIL
(As amended in Committee)
Co-operative Schemes (Administrative Actions)
Bill 2001
A Bill for
An Act relating to administrative actions by Commonwealth
authorities or officers of the Commonwealth under the Agricultural
and Veterinary Chemicals (Western Australia) Act 1995 and other
State co-operative scheme laws, and for other purposes.
The Parliament of Western Australia enacts as follows:
page 1
Co-operative Schemes (Administrative Actions) Bill 2001
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Co-operative Schemes
(Administrative Actions) Act 2001.
5 2. Commencement
(1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
3. Definitions
10 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
15 subsequent to judicial proceedings (civil or criminal);
"commencement time" means (except as provided by
section 4(5)) --
(a) in relation to the Agricultural and Veterinary
Chemicals (Western Australia) Act 1995 or the
20 National Crime Authority (State Provisions) Act
1985 -- the time when section 4(1) comes into
operation; or
(b) in relation to any other relevant State Act -- the time
when it becomes a relevant State Act for the purposes
25 of this Act by a resolution passed or Order in Council
made under section 4(2)(a) or (b);
"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
30 Commonwealth, but does not include the Federal Court of
page 2
Co-operative Schemes (Administrative Actions) Bill 2001
Preliminary Part 1
s. 3
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 conferred, or
purportedly conferred, by or under a relevant State
10 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
15 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),
20 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
25 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;
30 "right" includes an interest or status.
page 3
Co-operative Schemes (Administrative Actions) Bill 2001
Part 1 Preliminary
s. 4
4. Co-operative schemes to which this Act applies -- relevant
State Acts
(1) For the purposes of this Act --
"relevant State Act" means --
5 (a) the Agricultural and Veterinary Chemicals (Western
Australia) Act 1995;
(b) the National Crime Authority (State Provisions) Act
1985; and
(c) any other Act specified in a resolution or Order in
10 Council under subsection (2),
and includes any law applying as a law of the State by
force of any such Act.
(2) A specified Act enacted prior to the coming into operation of
this Act may be declared a relevant State Act for the purposes of
15 this Act --
(a) by resolution of both Houses of Parliament passed in the
same session; or
(b) subject to subsection (3), by Order in Council if the
declaration is to be made while Parliament is prorogued.
20 (3) Unless sooner affirmed by resolution of both Houses of
Parliament passed in the same session, a declaration made by an
Order in Council under subsection (2)(b) ceases to have effect
on the expiration of 6 months of the day it was published in the
Gazette. A cessation under this subsection has no effect on the
25 validity or otherwise of things that were, or were not, done
while the declaration was in force.
(4) A resolution or Order in Council under subsection (2) comes
into operation --
(a) at the beginning of the day on which it is published in
30 the Gazette; or
(b) at a later time, being a specified time of a day specified
in the resolution or Order in Council.
page 4
Co-operative Schemes (Administrative Actions) Bill 2001
Preliminary Part 1
s. 5
(5) A resolution or Order in Council may declare that the
commencement time in relation to a relevant State Act is the
specified time of a day specified in the resolution or Order in
Council. This Act has effect in respect of the commencement
5 time so declared whether or not it has already had effect with
respect of an earlier commencement time.
5. Administrative functions and powers conferred on
Commonwealth authorities and officers
(1) A relevant State Act does not purport to confer any duty on a
10 Commonwealth authority or an officer of the Commonwealth to
perform a function, or to exercise a power, in relation to a
matter arising under the relevant State Act if the conferral of the
duty would be beyond the legislative power of the Parliament of
the State.
15 (2) This section does not limit the operation of section 7 of the
Interpretation Act 1984.
page 5
Co-operative Schemes (Administrative Actions) Bill 2001
Part 2 Validation of invalid administrative actions
s. 6
Part 2 -- Validation of invalid administrative actions
6. Invalid administrative actions to which Part applies
This Part applies to invalid administrative actions that have been
taken, or have purportedly been taken, under a relevant State
5 Act at or before the commencement time in relation to that Act.
7. Operation of Part
(1) Subject to subsection (2), this Part extends to rights or liabilities
arising between parties to proceedings initiated at or before the
commencement time in relation to a relevant State Act where an
10 allegedly invalid administrative action is or was the subject of
or relevant to the 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
15 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 Agricultural and Veterinary
Chemicals (Western Australia) Act 1995.
20 8. Legal effect of invalid administrative actions
Every invalid administrative action has, and is deemed always
to have had, the same force and effect for all purposes as it
would have had if --
(a) it had been taken, or purportedly taken, by a State
25 authority or officer of the State; and
(b) the relevant function or power had been duly conferred
on that authority or officer.
page 6
Co-operative Schemes (Administrative Actions) Bill 2001
Validation of invalid administrative actions Part 2
s. 9
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 --
5 (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.
10 (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
15 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
20 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
25 (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
30 of a State authority or officer of the State on which or whom the
relevant function or power had been duly conferred.
page 7
Co-operative Schemes (Administrative Actions) Bill 2001
Part 2 Validation of invalid administrative actions
s. 10
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 action that has subsequently
5 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 from the circumstances referred
to in paragraphs (a) and (b) of the definition of "invalid
10 administrative action" in section 3).
(2) If administrative action taken by a Commonwealth authority or
an officer of the 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
15 later administrative action or by any judicial process or by any
administrative 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 purportedly taken,
20 and a reference to administrative action affected in any way
includes a reference to administrative action purportedly
affected in that way.
page 8
Co-operative Schemes (Administrative Actions) Bill 2001
Miscellaneous Part 3
s. 11
Part 3 -- Miscellaneous
11. Act binds Crown
This Act binds the Crown in right of Western Australia and, in
so far as the legislative power of the Parliament of Western
5 Australia permits, 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 Commonwealth
does not have a counterpart in the State, or that the functions
10 and powers of a counterpart State authority or a counterpart
officer of the State do not correspond exactly or substantially
with those of the Commonwealth authority or the officer of the
Commonwealth.
13. Act not to give rise to liability against the State
15 (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 making, publication or operation of a resolution
passed or Order in Council made under section 4(2)(a) or (b).
(2) Without limiting subsection (1), no proceedings lie against the
20 State in respect of an administrative action affected by this Act,
except to the extent that the proceedings would lie had this Act
not been enacted or a resolution passed or Order in Council
made under section 4(2)(a) or (b) not been so passed or made.
(3) In this section --
25 "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 the State,
and also includes --
30 (a) the Crown in right of the State; and
page 9
Co-operative Schemes (Administrative Actions) Bill 2001
Part 3 Miscellaneous
s. 14
(b) the Government of the State; and
(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.
5 14. Regulations
(1) The Governor may make regulations, not inconsistent with this
Act, for or with respect to any matter that by this Act is required
or permitted to be prescribed or that is necessary or convenient
to be prescribed for carrying out or giving effect to this Act.
10 (2) In particular, the regulations may contain provisions of a
savings or transitional nature consequent on the enactment of
this Act or the passing of a resolution or the making of an Order
in Council under section 4(2)(a) or (b).
page 10
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