Constitution (Executive Actions Validity) Act 1988 (Qld)

739 ANNO TRICESIMO SEPTIMO ELIZABETHAE SECUNDAE REGINAE N o. 66 of 1988 An Act to affirm the validity of certain executive actions and to amend certain Acts in certain particulars [ASSENTED TO 21ST OCTOBER, 1988]

740 Constitution (Executive Actions Validity) Act 1988, No. 66 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled , and by the authority of the same , as follows:- PART I-PRELIMINARY 1. Short Title . This Act may be cited as the Constitution (Executive Actions Validity) Act 1988. 2. Arrangement of Act. This Act is arranged in Parts and a Schedule as follows- PART I-PRELIMINARY ( ss. 1-3); PART II-VALIDATION OF EXECUTIVE ACTIONS (ss. 4- 5); PART III-AMENDMENT OF ACTS (s. 6). SCHEDULE PART II-VALIDATION OF EXECUTIVE ACTIONS 3. Interpretation . In this Part , except where a contrary intention appears- "executive action" means the performance by the Governor or the Governor in Council , purporting to act in pursuance of the provisions of an Act, of an action required or authorized by an Act to be performed by the Governor or the Governor in Council , including- ( a) the making of any Proclamation or Order in Council; (b) the making or approval of any regulation , ordinance, by-law, statute, rule or other instrument; (c) the making of any declaration or appointment; (d) the granting of any approval; "the excluded instrument " means the Order in Council , bearing date 23 June 1988 and published in the Gazette of 25 June 1988 at page 2223, that purports to evidence the approval of the Governor in Council of an application by Brisbane City Council to amend the Town Plan for the City of Brisbane. 4. Executive action not affected by breach of procedure. (1) An executive action shall not be taken- (a) to be invalid or to have ever been invalid; or (b) to fail or to have ever failed to have the effect in law intended for such action, by reason only that in connexion with the performance of that action any procedure prescribed by an Act for the performance of that action has been contravened or has not been observed.

Constitution ( Executive Actions Validity) Act 1988, No. 66 741 (2) Subject to section 5, subsection (1) relates to every executive action that occurs after or has occurred at any time before the commencement of this Act. (3) A procedure referred to in subsection (1)- (a) includes, in relation to an executive action taken before the commencement of this Act, a procedure consisting in a statutory requirement for the recommendation of a specified Minister of the Crown or other person; (b) does not include, in relation to an executive action taken after the commencement of this Act, a procedure such as is described in paragraph (a). 5. Rights and obligations not revived . Section 4 does not- (a) affirm the validity or effect of the excluded instrument; or (b) revive or give rise to rights or obligations that before the commencement of this Act have been adjudicated by a court or have been accepted as not existing because of the invalidity of an executive action. PART III-AMENDMENT OF ACTS 6. Scheduled amendments . A provision of an Act specified in the first column of the Schedule is amended as prescribed in the second column of the Schedule opposite to that provision and the Act, as so amended, may be cited as specified in the third column of the Schedule in relation to that Act. SCHEDULE [s. 6] Act and provision amended Amendment Citation of Amended Act City of Brisbane Town Planning Act 1964-1986 s. 4 (19) Omit the subsection and City of Brisbane substitute the following Town Planning Act subsection:- 1964-1988 "(19) The Governor in Council shall consider the proposed new Plan and upon the recommendation of the Minister may reject or approve of the proposed new Plan wholly or in part."

742 Constitution (Executive Actions Validity) Act 1988, No. 66 SCHEDULE-continued [s. 6] Act and provision amended Amendment Citation of Amended Act City of Brisbane Town Planning Act 1964-1986- continued s. 4 (20) Omit the subsection and substitute the following subsection:- "(20) The power of the Governor in Council to approve of the proposed new Plan in part includes power to make all such alterations of the proposed new Plan as the Governor in Council, upon the recommendation of the Minister, thinks fit." s. 6 (12) Omit the subsection and substitute the following subsection:- "(12) The Governor in Council may, upon the recommendation of the Minister, reject or approve of the application wholly or in part. The power of the Governor in Council to approve of an application in part includes power to make all such amendments of the Plan as, in the opinion of the Governor in Council, are appropriate and incidental to the matter of the application." s. 7 (10) Omit the subsection and substitute the following subsection:- "(10) The Governor in Council shall consider a recommendation made

Constitution ( Executive Actions Validity) Act 1988, No. 66 743 SCHEDULE-continued [s. 6) Act and provision amended Amendment Citation of Amended Act City of Brisbane Town Planning Act 1964-1986- continued by the Minister under this section and may reject or approve of the recommendation wholly or in part. The power of the Governor in Council to approve of a recommendation in part includes power to make all such amendments of the Plan as, in the opinion of the Governor in Council, are appropriate and incidental to the matter of the recommendation." Local Government Omit the paragraph and Local Government Act 1936-1987 substitute the following Act 1936-1988 paragraph:- s. 33 (5) paragraph (k) "(k) The Minister shall examine an application made to him under this subsection and submit the application and his recommendation thereon to the Governor in Council who may, upon such recommendation, reject the application or approve of the application wholly or in part. The power of the Governor in Council to approve of an application in part

744 Constitution (Executive Actions Validity) Act 1988, No. 66 SCHEDULE-continued [s. 6] Act and provision amended Amendment Citation of Amended Act Local Government Act 1936-1987- continued includes power to make all such amendments of the scheme as, in the opinion of the Governor in Council, are appropriate and incidental to the matter of the application." s. 33 (6) paragraph 6) Omit the paragraph and substitute the 'following paragraph:- "o) The Governor in Council shall consider a recommendation made ,by the Minister under this subsection and may reject or approve of the recommendation wholly or in part. s. 33 (6B) paragraph (k) The power of the Governor in Council to approve of a recommendation in part includes power to make all such amendments of the scheme as, in the opinion of the Governor in Council, are appropriate and incidental to the matter of the recommendation." Omit the paragraph and substitute the following paragraph:- "(k) The Governor in Council shall consider a recommendation made by the Minister under this subsection and may reject or approve of the

Constitution ( Executive Actions Validity) Act 1988, No. 66 745 SCHEDULE-continued [s. 6] Act and provision amended Local Government Act 1936-1987- continued Amendment Citation of Amended Act recommendation wholly or in part. The power of the Governor in Council to approve of a recommendation in part includes power to make all such alterations of or additions to the recommendation as the Governor in Council thinks fit."