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This is a Bill, not an Act. For current law, see the Acts databases.


CO-OPERATIVE SCHEMES (ADMINISTRATIVE ACTIONS) BILL 2001

         Queensland




  CO-OPERATIVE SCHEMES
(ADMINISTRATIVE ACTIONS)
        BILL 2001

 


 

 

Queensland CO-OPERATIVE SCHEMES (ADMINISTRATIVE ACTIONS) BILL 2001 TABLE OF PROVISIONS Section Page PART 1--PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Main purpose of Act and its achievement . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Co-operative schemes to which Act applies--relevant State Acts . . . . . . . . 4 5 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Administrative functions and powers conferred on Commonwealth authorities and officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 PART 2--VALIDATION OF INVALID ADMINISTRATIVE ACTIONS 7 Invalid administrative actions to which pt 2 applies . . . . . . . . . . . . . . . . . . . 5 8 Operation of pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 9 Effect of invalid administrative actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 10 Rights and liabilities declared in certain cases . . . . . . . . . . . . . . . . . . . . . . . 6 11 Part applies to administrative actions as purportedly in force from time to time 7 PART 3--MISCELLANEOUS PROVISIONS 12 Corresponding authorities or officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 13 Act not to give rise to liability against the State . . . . . . . . . . . . . . . . . . . . . . 8 14 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 10 DICTIONARY

 


 

 

2001 A BILL FOR An Act relating to administrative actions by Commonwealth authorities or officers of the Commonwealth under State co-operative scheme laws, and for other purposes

 


 

s1 4 s4 Co-operative Schemes (Administrative Actions) Bill 2001 The Parliament of Queensland enacts-- 1 PART 1--PRELIMINARY 2 1 Short title 3 This Act may be cited as the Co-operative Schemes (Administrative 4 Actions) Act 2001. 5 2 Main purpose of Act and its achievement 6 (1) The main purpose of this Act is to validate certain invalid 7 administrative actions taken by Commonwealth authorities or officers of 8 the Commonwealth under certain State co-operative scheme laws. 9 (2) The purpose is achieved primarily by giving the actions the effect 10 they would have had if they had been taken by State authorities or officers 11 of the State duly authorised to take the actions. 12 3 Definitions 13 The dictionary in the schedule defines particular words used in this Act. 14 4 Co-operative schemes to which Act applies--relevant State Acts 15 (1) A "relevant State Act" means the following-- 16 (a) the Agricultural and Veterinary Chemicals (Queensland) Act 17 1994; 18 (b) the National Crime Authority (State Provisions) Act 1985; 19 (c) another Act declared by an Act to be a relevant State Act; 20 (d) a law applying as a law of the State by force of any Act 21 mentioned in paragraph (a), (b) or (c). 22 (2) A regulation may declare the commencement time for a relevant 23 State Act is a stated time of a stated day no later than the day the regulation 24 is gazetted. 25

 


 

s5 5 s7 Co-operative Schemes (Administrative Actions) Bill 2001 (3) This Act has effect for a commencement time declared under 1 subsection (2) whether or not it has already had effect for an earlier 2 commencement time. 3 (4) Subsections (2) and (3) apply despite the Statutory Instruments Act 4 1992, section 34.1 5 5 Act binds all persons 6 This Act binds all persons, including the State and, to the extent the 7 legislative power of the Parliament permits, the Commonwealth and the 8 other States. 9 6 Administrative functions and powers conferred on 10 Commonwealth authorities and officers 11 (1) A relevant State Act does not purport to confer a duty on a 12 Commonwealth authority or an officer of the Commonwealth to perform a 13 function, or to exercise a power, in relation to a matter arising under the 14 relevant State Act if the conferral of the duty would be beyond the 15 legislative power of the Parliament of the State. 16 (2) This section does not limit the operation of the Acts Interpretation 17 Act 1954, section 9.2 18 PART 2--VALIDATION OF INVALID 19 ADMINISTRATIVE ACTIONS 20 7 Invalid administrative actions to which pt 2 applies 21 This part applies to invalid administrative actions that have been taken, 22 or have purportedly been taken, under a relevant State Act at or before the 23 commencement time in relation to that Act. 24 1 Statutory Instruments Act 1992, section 34 (Beneficial retrospective commencement) 2 Acts Interpretation Act 1954, section 9 (Act to be interpreted not to exceed Parliament's legislative power)

 


 

s8 6 s 10 Co-operative Schemes (Administrative Actions) Bill 2001 8 Operation of pt 2 1 (1) This part extends to rights or liabilities arising between parties to a 2 proceeding started at or before the commencement time in relation to a 3 relevant State Act if an allegedly invalid administrative action is or was the 4 subject of or relevant to the proceedings. 5 (2) However, this part does not affect rights or liabilities arising between 6 parties to a proceeding heard and finally decided at or before the 7 commencement time in relation to a relevant State Act to the extent to 8 which the rights or liabilities arise from, or are affected by, an invalid 9 administrative action. 10 (3) This part extends to administrative actions as affected by the 11 operation of the Agricultural and Veterinary Chemicals (Queensland) Act 12 1994, section 28B.3 13 9 Effect of invalid administrative actions 14 Every invalid administrative action has, and is taken always to have had, 15 the same effect for all purposes as it would have had if-- 16 (a) it had been taken, or purportedly taken, by a State authority or 17 officer of the State; and 18 (b) the relevant function or power had been duly conferred on that 19 authority or officer. 20 10 Rights and liabilities declared in certain cases 21 (1) Without limiting section 9, the rights and liabilities of all persons are 22 declared to be, and always to have been, for all purposes the same as if-- 23 (a) every invalid administrative action had been taken, or 24 purportedly taken, by a State authority or officer of the State; and 25 (b) the relevant function or power had been duly conferred on the 26 authority or officer. 27 (2) A right or liability conferred or affected by subsection (1)-- 28 (a) is exercisable or enforceable; and 29 3 Agricultural and Veterinary Chemicals (Queensland) Act 1994, section 28B (Validation of actions of inspectors and analysts)

 


 

s 11 7 s 11 Co-operative Schemes (Administrative Actions) Bill 2001 (b) is taken to have been and to have always been exercisable or 1 enforceable; 2 as if it were a right or liability conferred or affected by, or arising from, an 3 administrative action of a State authority or officer of the State on which or 4 whom the relevant function or power had been duly conferred. 5 (3) Any act or thing done or omitted to be done at or before the 6 commencement time in relation to a relevant State Act under or in relation 7 to a right or liability conferred or affected by subsection (1)-- 8 (a) has the same effect, and gives rise to the same consequences, for 9 the purposes of any written or other law; and 10 (b) is taken to have had and to have always had the same effect, and 11 given rise to the same consequences, for any written or other law; 12 as if it were done, or omitted to be done, to give effect to, or under the 13 authority of, or in reliance on, an administrative action of a State authority 14 or officer of the State on which or whom the relevant function or power had 15 been duly conferred. 16 11 Part applies to administrative actions as purportedly in force 17 from time to time 18 (1) The purpose of this section is to ensure this part operates to give to an 19 invalid administrative action that has subsequently been affected by another 20 action or process no greater effect than it would have had if the 21 administrative action, or any other relevant administrative action, had not 22 been invalid on constitutional grounds (arising from the circumstances 23 referred to in paragraphs (a) and (b) of the definition of "invalid 24 administrative action" in the dictionary). 25 (2) If administrative action taken by a Commonwealth authority or an 26 officer of the Commonwealth was affected, whether by way of 27 modification, revocation or otherwise, at or before the commencement time 28 in relation to a relevant State Act by any later administrative action or by 29 any judicial process or by any administrative review process, this part 30 applies to the administrative action as so affected from time to time. 31 (3) In this section, a reference to administrative action taken includes 32 reference to administrative action purportedly taken, and a reference to 33 administrative action affected in any way includes a reference to 34 administrative action purportedly affected in that way. 35

 


 

s 12 8 s 14 Co-operative Schemes (Administrative Actions) Bill 2001 PART 3--MISCELLANEOUS PROVISIONS 1 12 Corresponding authorities or officers 2 It is immaterial, for the purposes of this Act, that a Commonwealth 3 authority or an officer of the Commonwealth does not have a counterpart in 4 the State, or that the powers and functions of a counterpart State authority 5 or a counterpart officer of the State do not correspond exactly or 6 substantially with a Commonwealth authority or the officer of the 7 Commonwealth. 8 13 Act not to give rise to liability against the State 9 (1) The State is not liable to any action, claim, demand or liability arising 10 from the enactment, commencement or operation of this Act or the making, 11 publication or operation of a regulation under section 4. 12 (2) Without limiting subsection (1), no proceeding lies against the State 13 in relation to an administrative action affected by this Act, other than to the 14 extent the proceeding would lie had this Act not been enacted or a 15 regulation under section 4 not been made. 16 (3) In this section-- 17 "the State" includes the following-- 18 (a) a State authority; 19 (b) an officer of the State; 20 (c) the Government of the State; 21 (d) a Minister; 22 (e) a statutory corporation, or other body, representing the State. 23 14 Regulation-making power 24 (1) The Governor in Council may make regulations under this Act. 25 (2) A regulation may contain provisions of a savings or transitional 26 nature consequent on the enactment of this Act or the making of a 27 regulation under section 4. 28 (3) A regulation made under subsection (2)-- 29

 


 

s 14 9 s 14 Co-operative Schemes (Administrative Actions) Bill 2001 (a) must declare it is a savings or transitional regulation; and 1 (b) expires 1 year after it commences. 2

 


 

10 Co-operative Schemes (Administrative Actions) Bill 2001 SCHEDULE 1 DICTIONARY 2 section 3 3 "administrative action" means an act or omission of an administrative or 4 legislative nature, and includes any act or omission of an 5 administrative nature that is done or omitted in the course of or 6 ancillary to or preliminary to or subsequent to judicial proceedings, 7 civil or criminal. 8 "commencement time" means, except as provided by section 4(2) 9 and (3)-- 10 (a) for the Agricultural and Veterinary Chemicals (Queensland) Act 11 1994 or the National Crime Authority (State Provisions) Act 12 1985--the time when section 4(1) commences; or 13 (b) for another relevant State Act--the time when it becomes a 14 relevant State Act under section 4(1). 15 "Commonwealth authority" means an authority or body, whether 16 incorporated or not, established or continued in existence by or under 17 an Act of the Commonwealth, but does not include the Federal Court 18 of Australia, the Family Court of Australia or the Federal Magistrates 19 Court. 20 "confer" includes impose. 21 "invalid administrative action" means an administrative action of a 22 Commonwealth authority or an officer of the Commonwealth taken, 23 or purportedly taken-- 24 (a) pursuant to a function or power conferred, or purportedly 25 conferred, by or under a relevant State Act (the "relevant 26 function or power"); and 27 (b) in circumstances where the relevant function or power could not 28 have been conferred on the authority or officer by a law of the 29 Commonwealth the operation of which in the relevant respect 30 was based on the legislative powers of the Parliament of the 31 Commonwealth, including, for example, circumstances where 32

 


 

11 Co-operative Schemes (Administrative Actions) Bill 2001 SCHEDULE (continued) the authority or officer was, or purportedly was, under an express 1 or implied duty to perform the function or exercise the power; 2 that was invalid because of the circumstances referred to in 3 paragraphs (a) and (b), whether or not it was also invalid on any other 4 ground. 5 "liability" includes a duty or obligation. 6 "officer of the Commonwealth" has the same meaning as in section 75(v) 7 of the Constitution of the Commonwealth. 8 "relevant function or power" means a function or power referred to 9 paragraph (a) of the definition "invalid administrative action". 10 "relevant State Act" see section 4. 11 "right" includes an interest or status. 12 State of Queensland 2001

 


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