Statutory Office Holders (Validation) Act 2000 (TAS)

Statutory Office Holders (Validation) Act 2000

An Act to validate directions given to and acts done or omitted by persons acting in certain statutory offices

[Royal Assent 29 June 2000]

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 Statutory Office Holders (Validation) Act 2000 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Validation (1) Any direction given or purportedly given under section 21A of the Acts Interpretation Act 1931 to a person to perform or exercise any duty, obligation, right or power of the clerk of petty sessions, deputy clerk of petty sessions, registrar of a court of requests or deputy registrar of a court of requests is taken to have been validly given. (2) Any direction given or purportedly given under section 21A of the Acts Interpretation Act 1931 to a person to perform or exercise any duty, obligation, right or power of the Administrator of Courts is taken to have been a valid direction to that person to perform or exercise any duty, obligation, right or power of the Administrator of the Magistrates Court. (3)  A person performing or exercising, or purporting to perform or exercise, the functions or powers of the Administrator of the Magistrates Court during the period commencing on 8 November 1994 and ending on 19 February 1998 is taken – (a) to have been validly appointed as Administrator of the Magistrates Court under the Magistrates Court Act 1987 ; and (b) to have held the office of Administrator of the Magistrates Court during the period in which that person was so performing or exercising, or purporting to perform or exercise, those functions or powers. (4)  A person performing or exercising, or purporting to perform or exercise, the functions or powers of a district registrar of the Magistrates Court or a deputy district registrar of the Magistrates Court after the commencement of the Magistrates Court (Small Claims Division) Act 1989 is taken – (a) to have been validly appointed as a district registrar or deputy district registrar of the Magistrates Court under the Magistrates Court Act 1987 ; and (b) to have held the office of district registrar or deputy district registrar of the Magistrates Court during the period in which that person was so performing or exercising, or purporting to perform or exercise, those functions or powers. (5)  A person performing or exercising, or purporting to perform or exercise, the functions or powers of a clerk of petty sessions or a deputy clerk of petty sessions is taken – (a) to have been validly appointed as a clerk of petty sessions or deputy clerk of petty sessions under the Justices Act 1959 ; and (b) to have held the office of clerk of petty sessions or deputy clerk of petty sessions during the period in which that person was so performing or exercising, or purporting to perform or exercise, those functions or powers. (6)  A person performing or exercising, or purporting to perform or exercise, the functions or powers of a registrar of a court of requests or a deputy registrar of a court of requests is taken – (a) to have been validly appointed as a registrar of a court of requests or deputy registrar of a court of requests under the Local Courts Act 1896 ; and (b) to have held the office of registrar of a court of requests or deputy registrar of a court of requests during the period in which that person was so performing or exercising, or purporting to perform or exercise, those functions or powers. (7)  A person performing or exercising, or purporting to perform or exercise, the functions or powers of the Registrar of the Workers Rehabilitation and Compensation Tribunal, or a deputy registrar of the Workers Rehabilitation and Compensation Tribunal, since the commencement of the Workers Rehabilitation and Compensation Reform Act 1995 is taken – (a) to have been validly appointed as the Registrar or a deputy registrar of the Workers Rehabilitation and Compensation Tribunal under the Workers Rehabilitation and Compensation Act 1988 ; and (b) to have held the office of the Registrar or a deputy registrar of the Workers Rehabilitation and Compensation Tribunal during the period in which that person was so performing or exercising, or purporting to perform or exercise, those functions or powers. (8) A person performing or exercising, or purporting to perform or exercise, the duties, obligations, rights or powers of the Registrar of the Tasmanian Industrial Commission during the period commencing on 10 November 1997 and ending on 7 May 2000 is taken to have been directed to do so under section 21A of the Acts Interpretation Act 1931 . (9)  Any act or thing done or omitted by a person referred to in subsection (1) , (2) , (3) , (4) , (5) , (6) , (7) or (8) in the performance or exercise, or purported performance or exercise, of the duties, functions, obligations, rights or powers of the offices referred to in those subsections is taken to have been validly done or omitted. (10)  Any act or thing done or omitted by a person to whom a delegation from the Administrator of the Magistrates Court, or person purporting to act as the Administrator of the Magistrates Court, has been made is taken to have been validly done or omitted. 4Administration of ActUntil provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990  – (a) the administration of this Act is assigned to the Minister for Justice and Industrial Relations; and (b) the department responsible to the Minister for Justice and Industrial Relations in relation to the administration of this Act is the Department of Justice and Industrial Relations.

[Second reading presentation speech made in:

House of Assembly on 1 JUNE 2000

Legislative Council on 20 JUNE 2000]