Untitled document

Corrections Further Amendment Act 2013

No. 26 of 2013

table of provisions

Section  Page

1Purpose

2Commencement

3New Part 10A inserted

Part 10A—Validation

112CValidation of actions and decisions

4Repeal of amending Act

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Endnotes

Corrections Further Amendment Act 2013

No. 26 of 2013

[Assented to 15 May 2013]

The Parliament of Victoria enacts:

1Purpose

The purpose of this Act is amend the Corrections Act 1986 to validate certain actions and decisions.

2Commencement

This Act is taken to have come into operation on 20 March 2013.

3New Part 10A inserted

After Part 10 of the Corrections Act 1986 insert—

Part 10A—Validation"

112CValidation of actions and decisions

(1)An action taken or purporting to be taken or a decision made or purporting to be made by the Director-General or the Secretary to the Department of Justice or a delegate or purported delegate of the Director-General or the Secretary in the purported exercise of a power or function under section 17 of this Act as in force before the commencement of section 19 of the Corrections (Amendment) Act 1994 has, and is taken always to have had, the same force and effect as it would have had if that section 19 had been in operation when the action was taken or purported to be taken or the decision was made or purported to be made.

(2)A charge or additional charge imposed or purporting to be imposed by or on behalf of the Director-General or the Secretary to the Department of Justice or a Governor on or after 24 March 1993 and before 8 April 2004 for the purchase, in a prison, of tobacco products was, and is taken always to have been, validly imposed.

(3)Any act or thing done or omitted to be done, whether under a power conferred by or under an enactment or otherwise, before or after the commencement of section 19 of the Corrections (Amendment) Act 1994 in reliance on or in relation to an action or decision referred to in subsection (1) has the same effect, and gives rise to the same consequences, and is to be regarded as always having had the same effect and having given rise to the same consequences, as if that section 19 had been in operation when the action was taken or purported to be taken or the decision was made or purported to be made.

(4)A right or liability conferred or imposed in relation to, or affected by an action or decision referred to in subsection (1) is exercisable or enforceable, and is to be regarded as always having been exercisable or enforceable, as if section 19 of the Corrections (Amendment) Act 1994 had been in operation when the action was taken or purported to be taken or the decision was made or purported to be made.

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4Repeal of amending Act

This Act is repealed on 20 March 2014.

Note

The repeal of this Act does not affect the continuing operation of the amendment made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes

Minister's second reading speech—

Legislative Assembly: 20 March 2013

Legislative Council: 18 April 2013

The long title for the Bill for this Act was "A Bill for an Act to amend the Corrections Act 1986 to validate certain actions and decisions and for other purposes."