Constitution (Appointments) Act 2009 (Vic)

Version No. 003

Constitution (Appointments) Act 2009

No. 70 of 2009

Version incorporating amendments as at

1 December 2013

TABLE OF PROVISIONS

Section  Page

1Purposes

2Commencement

3Definitions

4Act to bind the Crown

5Effect of relevant actions

6Act not to give rise to liability against the State

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ENDNOTES

1.  General Information

2.  Table of Amendments

3.  Explanatory Details

Version No. 003

Constitution (Appointments) Act 2009

No. 70 of 2009

Version incorporating amendments as at

1 December 2013

The Parliament of Victoria enacts:

1Purposes

The purposes of this Act are—

(a)to remove doubts relating to actions taken by Lieutenant-Governors and Administrators of the State at any time since the commencement of the Australia Act 1986 of the Commonwealth; and

(b)to amend the Constitution Act 1975 to confer the power to appoint a person as Lieutenant-Governor or Administrator expressly on the Governor.

2Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3Definitions

In this Act—

Administrator means a person appointed as, or purportedly appointed as, or purportedly deemed to be appointed as, Administrator of the State;

Lieutenant-Governor means a person appointed as, or purportedly appointed as, Lieutenant-Governor of the State;

relevant action means an act or omission of an administrative or legislative nature, including the exercise, or purported exercise, of prerogative powers, done or omitted, or purportedly done or omitted, at a relevant time by a Lieutenant-Governor or an Administrator during the administration, or purported administration, of the government of the State by that person, or whether acting as the Governor's deputy or otherwise;

relevant time means any time between 5.00 a.m. Greenwich Mean Time on 3 March 1986 and the commencement of this Act.

Note

The Australia Act 1986 of the Commonwealth came into operation at 5.00 a.m. Greenwich Mean Time on 3 March 1986.

4Act to bind the Crown

This Act binds the Crown in right of Victoria and, in so far as the legislative power of the Parliament of Victoria permits, the Crown in all its other capacities.

5Effect of relevant actions

Every relevant action has, and is deemed always to have had, the same force and effect for all purposes as it would have had if it had been done, or omitted to be done, at the relevant time by a person validly holding the office of Governor at that time.

6Act not to give rise to liability against the State

(1)The State is not liable to any action, liability, claim or demand arising from the enactment, commencement or operation of this Act.

(2)Without limiting subsection (1), no proceedings lie against the State in respect of a relevant action affected by this Act, except to the extent that the proceedings would lie had the relevant action been done, or omitted to be done, at the relevant time by a person validly holding the office of Governor.

(3)In this section—

proceedings includes proceedings for an order in the nature of prohibition, certiorari or mandamus or for a declaration or injunction or for any other relief;

the State includes any State authority or officer of the State, and also includes—

(a) the Crown in right of the State; and

(b)the Government of the State; and

(c)a Minister of the Crown in right of the State; and

(d)a statutory corporation, or other body, representing the Crown in right of the State.

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ENDNOTES

1.     General Information

Minister's second reading speech—

Legislative Assembly: 10 November 2009

Legislative Council: 12 November 2009

The long title for the Bill for this Act was "A Bill for an Act relating to actions taken by Lieutenant-Governors and Administrators of the State, to amend the Constitution Act 1975 and for other purposes."

Constitution Act 1975:

Special majorities:

Legislative Assembly: 12 November 2009

Legislative Council: 24 November 2009

The Constitution (Appointments) Act 2009 was assented to on 1 December 2009 and came into operation on 2 December 2009: section 2.

2.     Table of Amendments

This Version incorporates amendments made to the Constitution (Appointments) Act 2009 by Acts and subordinate instruments.

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Statute Law Revision Act 2013, No. 70/2013

Assent Date:	19.11.13
Commencement Date:	S. 3(Sch. 1 item 7) on 1.12.13: s. 2(1)
Current State:	This information relates only to the provision/s amending the Constitution (Appointments) Act 2009

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3.     Explanatory Details

No entries at date of publication.