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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Corporations (Administrative Actions) Bill 2001
CONTENTS
1. Short title 1
2. Commencement 2
3. Definitions 2
4. Application and operation of Act 4
5. Legal effect of invalid administrative actions 4
6. Rights and liabilities declared in certain cases 4
7. Registration or incorporation of companies 5
8. This Act to apply to administrative actions as
purportedly in force from time to time 6
9. Corresponding authorities or officers 6
10. Act not to give rise to liability against the State 7
page i
16--1
Western Australia
LEGISLATIVE COUNCIL
Corporations (Administrative Actions) Bill 2001
A Bill for
An Act relating to administrative actions taken by Commonwealth
authorities or officers of the Commonwealth under certain State laws
relating to corporations.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Corporations (Administrative
Actions) Act 2001.
page 1
Corporations (Administrative Actions) Bill 2001
s. 2
2. Commencement
This Act comes into operation immediately before the
Corporations Act 2001 of the Commonwealth, as originally
enacted, comes into operation.
5 3. Definitions
In this Act --
"administrative action" means an act or omission of an
administrative or legislative nature, and includes any act or
omission of an administrative nature that is done or omitted
10 in the course of or ancillary to or preliminary to or
subsequent to judicial proceedings (civil or criminal);
"commencement time" means the time when this Act comes
into operation under section 2;
"Commonwealth authority" means an authority or body
15 (whether incorporated or not) that is established or
continued in existence by or under an Act of the
Commonwealth, but does not include the Federal Court of
Australia, the Family Court of Australia or the Federal
Magistrates Court;
20 "confer" includes impose;
"invalid administrative action" means an administrative
action of a Commonwealth authority or an officer of the
Commonwealth taken, or purportedly taken, at or before
the commencement time --
25 (a) pursuant to a function or power conferred, or
purportedly conferred, by or under a relevant State
Act (the "relevant function or power"); and
(b) in circumstances where the relevant function or
power could not have been conferred on the authority
30 or officer by a law of the Commonwealth the
operation of which in the relevant respect was based
on the legislative powers of the Parliament of the
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Corporations (Administrative Actions) Bill 2001
s. 3
Commonwealth (including, for example,
circumstances where the authority or officer was, or
purportedly was, under an express or implied duty to
perform the function or exercise the power),
5 that was invalid because of the circumstances referred to in
paragraphs (a) and (b), whether or not it was also invalid on
any other ground;
"liability" includes a duty or obligation;
"officer of the Commonwealth" has the same meaning as in
10 section 75(v) of the Constitution of the Commonwealth;
"relevant function or power" means a function or power
referred to in paragraph (a) of the definition of "invalid
administrative action";
"relevant State Act" means --
15 (a) the Corporations (Western Australia) Act 1990; or
(b) the Corporations (Application of Laws) Act 1981; or
(c) the Companies (Acquisition of Shares) (Application
of Laws) Act 1981; or
(d) the Securities Industry (Application of Laws)
20 Act 1981; or
(e) the Futures Industry (Application of Laws) Act 1986;
or
(f) the Companies and Securities (Interpretation and
Miscellaneous Provisions) (Application of Laws)
25 Act 1981,
and includes any law applying as a law of the State by
force of any such Act;
"right" includes an interest or status.
page 3
Corporations (Administrative Actions) Bill 2001
s. 4
4. Application and operation of Act
(1) This Act binds the Crown in right of Western Australia and, in
so far as the legislative power of Western Australia permits, in
all its other capacities.
5 (2) This Act has effect despite any provision of the Corporations
(Western Australia) Act 1990 or of the applicable provisions (as
defined in that Act) of the State.
(3) Subject to subsection (4), this Act extends to rights or liabilities
arising between parties to proceedings initiated at or before the
10 commencement time where an allegedly invalid administrative
action is or was the subject of or relevant to the proceedings.
(4) This Act does not affect rights or liabilities arising between
parties to proceedings heard and finally determined at or before
the commencement time to the extent to which those rights or
15 liabilities arise from, or are affected by, an invalid
administrative action.
5. Legal effect of invalid administrative actions
Every invalid administrative action has, and is deemed always
to have had, the same force and effect for all purposes as it
20 would have had if --
(a) it had been taken, or purportedly taken, by a State
authority or officer of the State; and
(b) the relevant function or power had been duly conferred
on that authority or officer.
25 6. Rights and liabilities declared in certain cases
(1) Without affecting the generality of section 5, the rights and
liabilities of all persons are, by force of this Act, declared to be,
and always to have been, for all purposes the same as if --
(a) every invalid administrative action had been taken, or
30 purportedly taken, by a State authority or officer of the
State; and
page 4
Corporations (Administrative Actions) Bill 2001
s. 7
(b) the relevant function or power had been duly conferred
on that authority or officer.
(2) A right or liability conferred or affected by subsection (1) --
(a) is exercisable or enforceable; and
5 (b) is to be regarded as always having been exercisable or
enforceable,
as if it were a right or liability conferred or affected by (or
arising from) an administrative action of a State authority or
officer of the State on which or whom the relevant function or
10 power had been duly conferred.
(3) Any act or thing done or omitted to be done at or before the
commencement time under or in relation to a right or liability
conferred or affected by subsection (1) --
(a) has the same effect, and gives rise to the same
15 consequences, for the purposes of any written or other
law; and
(b) is to be regarded as always having had the same effect,
and given rise to the same consequences, for the
purposes of any written or other law,
20 as if it were done, or omitted to be done, to give effect to, or
under the authority of, or in reliance on, an administrative action
of a State authority or officer of the State on which or whom the
relevant function or power had been duly conferred.
7. Registration or incorporation of companies
25 Without affecting the generality of sections 5 and 6, it is
declared that those sections extend to the registration or
incorporation, or purported registration or incorporation, of
companies by, or consequent on administrative action taken or
purportedly taken by, Commonwealth authorities or officers of
30 the Commonwealth at or before the commencement time.
page 5
Corporations (Administrative Actions) Bill 2001
s. 8
8. This Act to apply to administrative actions as purportedly in
force from time to time
(1) The purpose of this section is to ensure that this Act operates to
give to an invalid administrative action that has subsequently
5 been affected by another action or process no greater effect than
it would have had if the administrative action, or any other
relevant administrative action, had not been invalid on
constitutional grounds (arising from the circumstances referred
to in paragraphs (a) and (b) of the definition of "invalid
10 administrative action" in section 3).
(2) If administrative action taken by a Commonwealth authority or
an officer of the Commonwealth was affected (whether by way
of revocation, modification or otherwise) at or before the
commencement time by any later administrative action or by
15 any judicial process or by any administrative review process,
this Act applies to the administrative action as so affected from
time to time.
(3) In this section, a reference to administrative action taken
includes a reference to administrative action purportedly taken,
20 and a reference to administrative action affected in any way
includes a reference to administrative action purportedly
affected in that way.
9. Corresponding authorities or officers
It is immaterial, for the purposes of this Act, that a
25 Commonwealth authority or an officer of the Commonwealth
does not have a counterpart in the State, or that the functions
and powers of a counterpart State authority or a counterpart
officer of the State do not correspond exactly or substantially
with those of the Commonwealth authority or the officer of the
30 Commonwealth.
page 6
Corporations (Administrative Actions) Bill 2001
s. 10
10. 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.
5 (2) Without limiting subsection (1), no proceedings lie against the
State in respect of an administrative action affected by this Act,
except to the extent that the proceedings would lie had this Act
not been enacted.
(3) In this section --
10 "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 --
15 (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.
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