(1) This Part applies to an invalid administrative action of a Commonwealth
authority or an officer of the Commonwealth (within the meaning of a State
validation Act) as if the circumstances that made the authority's or officer's
action an invalid administrative action had not made the action invalid.
-
Note: For the status and effect of invalid administrative actions in relation
to times before the commencement, see the State validation Acts.
(2) However, if there are other circumstances that affect or may affect the
validity of the action, neither this section, nor anything else in this Part,
is taken to negate the effect of those other circumstances.
(3) If:
- (a)
- a person would have had a right or liability under a provision
(the old provision ) of the old ASIC legislation of a State if the
circumstances that made the authority's or officer's action an invalid
administrative action (within the meaning of the State validation Act) of that
State had not made the action invalid; and
- (b)
- the effect of that State validation Act in relation to that action is to
declare that the person has, and is taken always to have had, the same rights
and liabilities as they would have had under the old provision if the invalid
administrative action had been taken, or purportedly taken, at the relevant
time by a duly authorised State authority or officer of the State (within the
meaning of that Act);
this Part applies as if:
- (c)
- a reference to a right or liability arising under the old ASIC legislation
included a reference to the right or liability that the person is declared to
have by the State validation Act; and
- (d)
- that right or liability arose under the old provision.
(4) In this section:
"State validation Act "means an Act of a State in this jurisdiction under
which certain administrative actions (within the meaning of that Act) taken,
or purportedly taken, before the commencement by Commonwealth authorities and
officers of the Commonwealth (within the meaning of that Act) pursuant to
functions or powers conferred, or purportedly conferred, by or under laws that
include the old application Act for that State have, and are deemed always to
have had, the same force and effect as they would have had if they had been
taken, or purportedly taken, at the relevant time, by a duly authorised State
authority or officer of the State (within the meaning of that Act).