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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
CORPORATIONS
(ADMINISTRATIVE ACTIONS)
BILL 2001
Queensland
CORPORATIONS (ADMINISTRATIVE
ACTIONS) BILL 2001
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Application and operation of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
5 Legal effect of invalid administrative actions . . . . . . . . . . . . . . . . . . . . . . . . 6
6 Rights and liabilities declared in certain cases . . . . . . . . . . . . . . . . . . . . . . . 6
7 Registration or incorporation of companies . . . . . . . . . . . . . . . . . . . . . . . . . 7
8 This Act to apply to administrative actions as purportedly in force from
time to time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
9 Corresponding authorities or officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
10 Act not to give rise to liability against the State . . . . . . . . . . . . . . . . . . . . . . 8
2001
A BILL
FOR
An Act relating to administrative actions taken by Commonwealth
authorities or officers of the Commonwealth under certain State laws
relating to corporations
s1 4 s3
Corporations (Administrative Actions) Bill 2001
The Parliament of Queensland enacts-- 1
1 Short title 2
This Act may be cited as the Corporations (Administrative Actions) 3
Act 2001. 4
2 Commencement 5
This Act comes into operation immediately before the Corporations Act 6
2001 (Cwlth), as originally enacted, comes into operation. 7
3 Definitions 8
In this Act-- 9
"administrative action" means an act or omission of an administrative or 10
legislative nature, and includes any act or omission of an 11
administrative nature that is done or omitted in the course of or 12
ancillary to or preliminary to or subsequent to judicial proceedings 13
(civil or criminal). 14
"commencement time" means the time when this Act comes into 15
operation under section 2. 16
"Commonwealth authority" means an authority or body (whether 17
incorporated or not) that is established or continued in existence by or 18
under an Act of the Commonwealth, but does not include the Federal 19
Court of Australia, the Family Court of Australia or the Federal 20
Magistrates Court. 21
"confer" includes impose. 22
"function" includes a duty. 23
"invalid administrative action" means an administrative action of a 24
Commonwealth authority or an officer of the Commonwealth taken, 25
or purportedly taken, at or before the commencement time-- 26
(a) pursuant to a function or power conferred, or purportedly 27
conferred, by or under a relevant State Act (the "relevant 28
function or power"); and 29
s4 5 s4
Corporations (Administrative Actions) Bill 2001
(b) in circumstances where the relevant function or power could not 1
have been conferred on the authority or officer by a law of the 2
Commonwealth the operation of which in the relevant respect 3
was based on the legislative powers of the Parliament of the 4
Commonwealth (including, for example, circumstances where 5
the authority or officer was, or purportedly was, under an express 6
or implied duty to perform the function or exercise the power); 7
that was invalid because of the circumstances referred to in 8
paragraphs (a) and (b), whether or not it was also invalid on any other 9
ground. 10
"liability" includes a duty or obligation. 11
"officer of the Commonwealth" has the same meaning as in section 75(v) 12
of the Constitution of the Commonwealth. 13
"relevant function or power" means a function or power referred to in 14
paragraph (a) of the definition "invalid administrative action". 15
"relevant State Act" means-- 16
(a) the Corporations (Queensland) Act 1990; or 17
(b) the Companies (Application of Laws) Act 1981; or 18
(c) the Companies (Acquisition of Shares) (Application of Laws) Act 19
1981; or 20
(d) the Securities Industry (Application of Laws) Act 1981; or 21
(e) the Futures Industry (Application of Laws) Act 1986; or 22
(f) the Companies and Securities (Interpretation and Miscellaneous 23
Provisions) (Application of Laws) Act 1981; 24
and includes any law applying as a law of the State by force of any 25
such Act. 26
"right" includes an interest or status. 27
4 Application and operation of Act 28
(1) This Act binds the Crown in right of Queensland and, in so far as the 29
legislative power of the Parliament of Queensland permits, the Crown in all 30
its other capacities. 31
s5 6 s6
Corporations (Administrative Actions) Bill 2001
(2) This Act has effect despite any provision of the Corporations 1
(Queensland) Act 1990 or of the applicable provisions (as defined in that 2
Act) of the State. 3
(3) Subject to subsection (4), this Act extends to rights or liabilities 4
arising between parties to proceedings initiated at or before the 5
commencement time where an allegedly invalid administrative action is or 6
was the subject of or relevant to the proceedings. 7
(4) This Act does not affect rights or liabilities arising between parties to 8
proceedings heard and finally determined at or before the commencement 9
time to the extent to which those rights or liabilities arise from, or are 10
affected by, an invalid administrative action. 11
5 Legal effect of invalid administrative actions 12
Every invalid administrative action has, and is deemed always to have 13
had, the same force and effect for all purposes as it would have had if-- 14
(a) it had been taken, or purportedly taken, by a State authority or 15
officer of the State; and 16
(b) the relevant function or power had been duly conferred on that 17
authority or officer. 18
6 Rights and liabilities declared in certain cases 19
(1) Without affecting the generality of section 5, the rights and liabilities 20
of all persons are, by force of this Act, declared to be, and always to have 21
been, for all purposes the same as if-- 22
(a) every invalid administrative action had been taken, or 23
purportedly taken, by a State authority or officer of the State; and 24
(b) the relevant function or power had been duly conferred on that 25
authority or officer. 26
(2) A right or liability conferred or affected by subsection (1)-- 27
(a) is exercisable or enforceable; and 28
(b) is to be regarded as always having been exercisable or 29
enforceable; 30
as if it were a right or liability conferred or affected by (or arising from) an 31
administrative action of a State authority or officer of the State on which or 32
on whom the relevant function or power had been duly conferred. 33
s7 7 s8
Corporations (Administrative Actions) Bill 2001
(3) Any act or thing done or omitted to be done at or before the 1
commencement time under or in relation to a right or liability conferred or 2
affected by subsection (1)-- 3
(a) has the same effect, and gives rise to the same consequences, for 4
the purposes of any written or other law; and 5
(b) is to be regarded as always having had the same effect, and given 6
rise to the same consequences, for the purposes of any written or 7
other law; 8
as if it were done, or omitted to be done, to give effect to, or under the 9
authority of, or in reliance on, an administrative action of a State authority 10
or officer of the State on which or on whom the relevant function or power 11
had been duly conferred. 12
7 Registration or incorporation of companies 13
Without affecting the generality of sections 5 and 6, it is declared that 14
those sections extend to the registration or incorporation, or purported 15
registration or incorporation, of companies by, or consequent on 16
administrative action taken or purportedly taken by, Commonwealth 17
authorities or officers of the Commonwealth at or before the 18
commencement time. 19
8 This Act to apply to administrative actions as purportedly in force 20
from time to time 21
(1) The purpose of this section is to ensure that this Act operates to give 22
to an invalid administrative action that has subsequently been affected by 23
another action or process no greater effect than it would have had if the 24
administrative action, or any other relevant administrative action, had not 25
been invalid on constitutional grounds (arising from the circumstances 26
referred to in paragraphs (a) and (b) of the definition "invalid 27
administrative action" in section 3). 28
(2) If administrative action taken by a Commonwealth authority or an 29
officer of the Commonwealth was affected (whether by way of revocation, 30
modification or otherwise) at or before the commencement time by any 31
later administrative action or by any judicial process or by any 32
administrative review process, this Act applies to the administrative action 33
as so affected from time to time. 34
s9 8 s 10
Corporations (Administrative Actions) Bill 2001
(3) In this section, a reference to administrative action taken includes a 1
reference to administrative action purportedly taken, and a reference to 2
administrative action affected in any way includes a reference to 3
administrative action purportedly affected in that way. 4
9 Corresponding authorities or officers 5
It is immaterial, for the purposes of this Act, that a Commonwealth 6
authority or an officer of the Commonwealth does not have a counterpart in 7
the State, or that the powers and functions of a counterpart State authority 8
or a counterpart officer of the State do not correspond exactly or 9
substantially with those of the Commonwealth authority or the officer of 10
the Commonwealth. 11
10 Act not to give rise to liability against the State 12
(1) The State is not liable to any action, liability, claim or demand arising 13
from the enactment, commencement or operation of this Act. 14
(2) Without limiting subsection (1), no proceedings lie against the State 15
in respect of an administrative action affected by this Act, except to the 16
extent that the proceedings would lie had this Act not been enacted. 17
(3) In this section-- 18
"proceedings" includes proceedings for an order in the nature of 19
prohibition, certiorari or mandamus or for a declaration or injunction 20
or for any other relief. 21
"the State" includes any State authority or officer of the State, and also 22
includes-- 23
(a) the Crown in right of the State; and 24
(b) the Government of the State; and 25
(c) a Minister of the Crown in right of the State; and 26
(d) a statutory corporation, or other body, representing the Crown in 27
right of the State. 28
29
9
Corporations (Administrative Actions) Bill 2001
© State of Queensland 2001
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