New South Wales Repealed Acts

This legislation has been repealed.

NATION BUILDING AND JOBS PLAN (STATE INFRASTRUCTURE DELIVERY) ACT 2009 - SECT 27

27 Protection of exercise of certain functions

(1) This section applies to any of the following functions (
"a protected function" ) conferred or imposed on the Co-ordinator General (or his or her delegate) or a Minister (
"a protected person" ):

(a) a certification under section 5 that any development is an infrastructure project to which this Act applies,

(b) the giving of a direction to a government agency under section 11,

(c) the making of a project authorisation order or project divesting order under Part 4,

(d) the declaring of an exemption or giving of an authorisation under Part 5.

(2) The exercise by any protected person of any protected function may not be:

(a) challenged, reviewed, quashed or called into question before any court of law or administrative review body in any proceedings, or

(b) restrained, removed or otherwise affected by any proceedings.

(3) Without limiting subsection (2), that subsection applies whether or not the proceedings relate to any question involving compliance or non-compliance, by a protected person, with the provisions of this Act or the rules of natural justice (procedural fairness).

(4) Accordingly, no court of law or administrative review body has jurisdiction or power to consider any question involving compliance or non-compliance, by the protected person, with those provisions or with those rules so far as they apply to the exercise of any protected function.

(5) This section has effect despite any provision of this Act or other legislation or any other law (whether written or unwritten).

(6) In this section:

"exercise" of functions includes:

(a) the purported exercise of functions, and

(b) the non-exercise or improper exercise of functions, and

(c) the proposed, apprehended or threatened exercise of functions.

"proceedings" includes:

(a) proceedings for an order in the nature of prohibition, certiorari or mandamus or for a declaration or injunction or for any other relief, and

(b) without limiting paragraph (a), proceedings in the exercise of the inherent jurisdiction of the Supreme Court or the jurisdiction conferred by section 23 of the Supreme Court Act 1970 ,

but does not include any investigation or proceedings under the Independent Commission Against Corruption Act 1988 .