Corporations (Administrative Actions) Act 2001 (Qld)

Corporations (Administrative Actions) Act 2001

An Act relating to administrative actions taken by Commonwealth authorities or officers of the Commonwealth under certain State laws relating to corporations

1 Short title This Act may be cited as the Corporations (Administrative Actions) Act 2001.

2 Commencement This Act comes into operation immediately before the Corporations Act 2001 (Cwlth), as originally enacted, comes into operation.

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 the time when this Act comes into operation under section 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, the Family Court of Australia or the Federal Magistrates Court. 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, at or before the commencement time— (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 invalid administrative action. relevant State Act means— (a) the Corporations (Queensland) Act 1990; or (b) the Companies (Application of Laws) Act 1981; or (c) the Companies (Acquisition of Shares) (Application of Laws) Act 1981; or (d) the Securities Industry (Application of Laws) Act 1981; or (e) the Futures Industry (Application of Laws) Act 1986; or (f) the Companies and Securities (Interpretation and Miscellaneous Provisions) (Application of Laws) Act 1981; and includes any law applying as a law of the State by force of any such Act. right includes an interest or status.