Co-operative Schemes (Administrative Actions) Act 2001 (NSW)

Co-operative Schemes (Administrative Actions) Act 2001 No 45

An Act relating to administrative actions by Commonwealth authorities or officers of the Commonwealth under the Agricultural and Veterinary Chemicals (New South Wales) Act 1994 and other State co-operative scheme laws; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Co-operative Schemes (Administrative Actions) Act 2001.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Definitions 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 subsequent to judicial proceedings (civil or criminal). commencement time means (except as provided by section 4 (4))— (a) in relation to the Agricultural and Veterinary Chemicals (New South Wales) Act 1994—the time when section 4 (1) (a) commences, or (a1) in relation to the Water Efficiency Labelling and Standards (New South Wales) Act 2005—the time when section 4 (1) (a1) commences, or (b) in relation to any other relevant State Act—the time when it becomes a relevant State Act for the purposes of this Act by a proclamation made under section 4 (2). 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 Commonwealth, but does not include the Federal Court of Australia or the Federal Circuit and Family Court of Australia. confer includes impose. function includes a duty. 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 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 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), 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 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. right includes an interest or status.