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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
STATUTORY APPOINTMENTS (VALIDATION)
BILL 2016
__________
CONTENTS
1. Short title
2. Commencement
3. Interpretation
4. Validation of certain appointments to offices, decisions &c.
5. Administration of Act
Schedule 1 - Relevant Acts
[Bill 52]-XI
2
STATUTORY APPOINTMENTS (VALIDATION)
BILL 2016
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
22 September 2016
(Brought in by the Premier, the Honourable William Edward
Felix Hodgman)
A BILL FOR
An Act to validate certain appointments to offices and
certain actions and decisions made by persons who held
such offices or by certain bodies constituted by such
persons
Be it enacted by Her 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:
1. Short title
This Act may be cited as the Statutory
Appointments (Validation) Act 2016.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 52] 3
Statutory Appointments (Validation) Act 2016
Act No. of
s. 3
3. Interpretation
In this Act, unless the contrary intention
appears -
commencement day means the day on which
this Act commences;
relevant Act means an Act specified in
Schedule 1;
relevant body means a tribunal, board,
commission, or committee, established or
continued by or under a relevant Act;
relevant office means an office under a
relevant Act;
relevant period means the period beginning
on 9 April 2008 and ending immediately
before the commencement day;
relevant practising certificate means -
(a) a practising certificate within the
meaning of the Legal Profession
Act 1993; and
(b) a current local practising
certificate within the meaning of
the Legal Profession Act 2007;
and
(c) a current interstate practising
certificate, within the meaning of
the Legal Profession Act 2007.
4
Statutory Appointments (Validation) Act 2016
Act No. of
s. 4
4. Validation of certain appointments to offices,
decisions &c.
(1) If a person was, on any day before the
commencement day, appointed, or purportedly
appointed, to a relevant office -
(a) the appointment, or purported
appointment, is not to be taken to have
been invalid at any time during the
relevant period; and
(b) an action or decision taken or made, or
purportedly taken or made, at any time
during the relevant period by the person
as the holder, or purportedly as the
holder, of the relevant office is not to be
taken to be, or to have been, invalid -
by reason only that at any time, or for any
period, whether before, on or after the day on
which he or she was appointed, or purportedly
appointed, to the relevant office, the person did
not hold a relevant practising certificate.
(2) A relevant body is not to be taken to have been
invalidly constituted at any time during the
relevant period by reason only that a person by
whom the relevant body was at that time,
constituted, or purportedly constituted, in whole
or in part, did not, at or before that time or for
any period before that time, hold a relevant
practising certificate.
(3) An action or decision taken or made, or
purportedly taken or made, at any time during
the relevant period, by a relevant body is not to
5
Statutory Appointments (Validation) Act 2016
Act No. of
s. 5
be taken to be, or to have been, invalid by reason
only that a person by whom the relevant body
was constituted, or purportedly constituted, in
whole or in part, at that time did not, at or before
that time or for any period before that time, hold
a relevant practising certificate.
5. Administration of Act
Until 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
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of Justice.
6
Statutory Appointments (Validation) Act 2016
Act No. of
sch. 1
SCHEDULE 1 - RELEVANT ACTS
Section 3
1. Anti-Discrimination Act 1998
2. Asbestos-Related Diseases (Occupational Exposure)
Compensation Act 2011
3. Victims of Crime Assistance Act 1976
4. Legal Profession Act 2007
5. Forest Practices Act 1985
6. Guardianship and Administration Act 1995
7. Legal Aid Commission Act 1990
8. Resource Management and Planning Appeal Tribunal Act
1993
9. Industrial Relations Act 1984
10. Workers Rehabilitation and Compensation Act 1988
Government Printer, Tasmania 7