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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

                          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.

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                        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

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     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).




 


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