Administrative Arrangements Act 1990 (Tas)

Administrative Arrangements Act 1990

An Act to make provision for and in relation to the assignment of responsibilities to Ministers and for related matters, and to amend the Acts Interpretation Act 1931 , the Constitution Act 1934 and the Tasmanian State Service Act 1984 [Royal Assent 16 May 1990]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1. Short title This Act may be cited as the Administrative Arrangements Act 1990 .

2. Commencement (1) Section 1 , this section and section 11 commence on the day on which this Act receives the Royal Assent. (2) The remaining provisions of this Act commence on a day to be proclaimed.

3. Interpretation In this Act, unless the contrary intention appears – administrative instrument means any order, notice or instrument which determines the organisation of the executive government of the State and includes an order under section 4 of this Act or under section 11 , 12 or 13 of the State Service Act 2000 ; department means an organ of the executive government of the State, including, in particular – (a) a Government department within the meaning of the State Service Act 2000 ; and (b) a State authority; enactment means – (a) an Act; or (b) any other instrument of a legislative character; or (c) any provision of an Act or of an instrument referred to in paragraph (b) ; Minister means a Minister of the Crown; State authority has the same meaning as in the State Service Act 2000 .

4. Administrative arrangements (1) The Governor, by order, may provide for – (a) the assignment to a Minister or Ministers of the administration of all or any of the following: (i) a department; (ii) part of a department; (iii) an enactment; (iv) a class of enactments either generally or in specified respects; (v) part of an enactment; (vi) part of the subject matter of an enactment; and (b) the specification of the department or part of the department responsible to a Minister or Ministers in relation to the administration of all or any of the following: (i) an enactment; (ii) a class of enactments, either generally or in specified respects; (iii) part of an enactment; (iv) part of the subject matter of an enactment. (2) Until provision is made in relation to an Act by order under subsection (1) – (a) the administration of that Act is assigned to the Minister for the time being administering this Act; and (b) the department responsible to that Minister in relation to the administration of that Act is the department responsible to that Minister in relation to the administration of this Act. (3) An instrument of a legislative character made under a provision of an Act shall, unless provision to the contrary is made in an order under subsection (1) or the contrary intention otherwise appears, be taken to be subject to the same administration as the provision under which it is made.