CONSTITUTION (APPOINTMENTS) ACT 2009






TABLE OF PROVISIONS


 1.    Short title
 2.    Interpretation
 3.    Act binds Crown
 4.    Effect of relevant actions
 5.    Act not to give rise to liability against the State

 
Legislative history
 

 


CONSTITUTION (APPOINTMENTS) ACT 2009
 - LONG TITLE
An Act 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 for other
purposes.


CONSTITUTION (APPOINTMENTS) ACT 2009

- SECT 1
1--Short
title

This Act may be cited as the Constitution (Appointments)
Act 2009.


CONSTITUTION (APPOINTMENTS) ACT 2009

- SECT 2
2--Interpretation

In this Act--

"Administrator" means a person appointed as, or purportedly
appointed as, or acting as, or purportedly acting 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;

"relevant time" means any time between 5 am 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 am Greenwich Mean Time on 3 March 1986.


CONSTITUTION (APPOINTMENTS) ACT 2009

- SECT 3
3--Act
binds Crown

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


CONSTITUTION (APPOINTMENTS) ACT 2009

- SECT 4
4--Effect
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.


CONSTITUTION (APPOINTMENTS) ACT 2009

- SECT 5
5--Act
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.


CONSTITUTION (APPOINTMENTS) ACT 2009
 - NOTES


Legislative
history

Notes

    *     For further information relating to the Act and subordinate
legislation made under the Act see the Index of South Australian Statutes or
www.legislation.sa.gov.au.

Principal Act



      
      
      
      
      




Year



No



Title



Assent



Commencement





2009



55



Constitution (Appointments) Act 2009



19.11.2009



19.11.2009