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

South Australia Co-operative Schemes (Administrative Actions) Act 2001 An Act relating to administrative actions by Commonwealth authorities or officers of the Commonwealth under the Agricultural and Veterinary Chemicals (South Australia) Act 1994, the National Crime Authority (State Provisions) Act 1984 and other State co‑operative scheme laws; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Co-operative schemes to which this Act applies—relevant State Acts 5 Administrative functions and powers conferred on Commonwealth authorities and officers Part 2—Validation of invalid administrative actions 6 Invalid administrative actions to which Part applies 7 Operation of Part 8 Legal effect of invalid administrative actions 9 Rights and liabilities declared in certain cases 10 This Part to apply to administrative actions as purportedly in force from time to time Part 3—Miscellaneous 11 Act binds Crown 12 Corresponding authorities or officers 13 Act not to give rise to liability against the State 14 Regulations Legislative history

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Co-operative Schemes (Administrative Actions) Act 2001. 3—Interpretation 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 (South Australia) Act 1994—the time fixed for the purpose by proclamation; (b) in relation to the National Crime Authority (State Provisions) Act 1984—the time fixed for the purpose by proclamation; (c) 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, 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— (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. 4—Co-operative schemes to which this Act applies—relevant State Acts (1) For the purposes of this Act— relevant State Act means— (a) the Agricultural and Veterinary Chemicals (South Australia) Act 1994; and (b) the National Crime Authority (State Provisions) Act 1984; and (c) any other Act specified in a proclamation under subsection (2), and includes any law applying as a law of the State by force of any such Act. (2) The Governor may, by proclamation, declare that a specified Act is a relevant State Act for the purposes of this Act. (3) A proclamation under subsection (2) commences— (a) at the beginning of the day on which it is published in the Gazette; or (b) at a later time, being a specified time of a day specified in the proclamation. (4) The Governor may, by proclamation, declare that the commencement time in relation to a relevant State Act is the specified time of a day specified in the proclamation (being a day that is not later than the day on which the proclamation is published in the Gazette). (5) This Act has effect in respect of the commencement time so declared whether or not it has already had effect in 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 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. (2) This section does not limit the operation of section 22A of the Acts Interpretation Act 1915.