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:

1Short titleThis Act may be cited as the Administrative Arrangements Act 1990 . 2Commencement (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. 3Interpretation [Section 3 Amended by No. 46 of 1991, s. 4 and Sched. 3 ][Section 3 Amended by No. 39 of 1995, s. 3 and Sched. 1 ]In this Act, unless the contrary intention appears – [Section 3 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] 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) [Section 3 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] 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; [Section 3 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] State authority has the same meaning as in the State Service Act 2000 . 4Administrative arrangements [Section 4 Subsection (1) substituted by No. 39 of 1995, s. 5 ] (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. 5References in enactments and other instruments to Ministers, departments, &c., inconsistent with administrative arrangements [Section 5 Subsection (1) substituted by No. 39 of 1995, s. 6 ] (1) Where a reference in an enactment or instrument to a particular Minister, department, office or body of persons is inconsistent with administrative arrangements effected by an administrative instrument, the reference is to be construed to give effect to those administrative arrangements. (2) The Governor may, by order, amend an enactment so far as is necessary to remove an inconsistency referred to in subsection (1) . (3) The Minister responsible for the matters to which an instrument other than an enactment, being an instrument to which the State or a State authority is privy, relates, may direct in writing, that any reference to a Minister, department, office or body of persons in that instrument be read as if it were altered in such manner necessary to remove an inconsistency referred to in subsection (1) as is specified in the direction, and that reference shall be read accordingly. 6Effect on appropriations of altered administrative arrangements [Section 6 Amended by No. 39 of 1995, s. 7 ]Where – (a) an appropriation in an Appropriation Act appears under a heading relating to a particular Minister or a particular department; and (b) in accordance with administrative arrangements effected by an administrative instrument, the purpose of that appropriation has become, in whole or in part, a matter under the administration of another Minister or a function of another department – the appropriation continues to be available for that purpose as if that heading had included reference to that other Minister or department. 7Effect on authority of delegates of altered administrative arrangements [Section 7 Amended by No. 39 of 1995, s. 8 ]Where – (a) in accordance with administrative arrangements effected by an administrative instrument, a function of a department becomes a function of another department; and (b) immediately before the date on which those administrative arrangements took effect, a person (in this section referred to as "the delegate") was authorized to exercise powers and perform duties with respect to that function in pursuance of a delegation in writing – the authority of the delegate to exercise those powers and perform those duties with respect to that function continues until the authority of the delegate to do so is terminated, by notice in writing delivered to the delegate, by the person by whom such a delegation may be given on or after that date. 89Orders deemed to be statutory rulesAn order made under section 4 (1) or 5 (2) shall be deemed, for all purposes, to be a statutory rule within the meaning of the Rules Publication Act 1953 . 10 (a) Acts Interpretation Act 1931 ; (b) Constitution Act 1934 ; (c) Tasmanian State Service Act 1984 . 11TransitionalUntil provision is made in relation to this Act by order under section 4 – (a) the administration of this Act is assigned to the Premier; and (b) the department responsible to the Premier in relation to the administration of this Act is the Department of Premier and Cabinet. 12Validations [Section 12 Inserted by No. 17 of 1996, s. 30 ] (1)  Any order made under section 4 before the commencement of the Administrative Arrangements Amendment Act 1995 is taken to have been validly made. (2)  Any act or thing done or omitted to be done in pursuance of an order made under section 4 before the commencement of the Administrative Arrangements Amendment Act 1995 is as valid as if it had been done or omitted to be done in pursuance of an order made under this Act as amended by the Administrative Arrangements Amendment Act 1995 . (3)  An appropriation continued to be available for a purpose under section 6 after the commencement of this Act is as valid as if it had continued to be available under this Act as amended by the Administrative Arrangements Amendment Act 1995 . (4)  The authority of a delegate to exercise powers and perform duties with respect to a function continued under section 7 after the commencement of this Act is as valid as if it had continued under this Act as amended by the Administrative Arrangements Amendment Act 1995 . Schedule 1Schedule 2