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ACT CIVIL AND ADMINISTRATIVE TRIBUNAL AMENDMENT BILL 2016

2016

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

ACT Civil and Administrative Tribunal Amendment Bill 2016

A Bill for

An Act to amend the ACT Civil and Administrative Tribunal Act 2008

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1 Name of Act

This Act is the ACT Civil and Administrative Tribunal Amendment Act 2016

.

2 Commencement

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act

, s 75 (1)).

3 Legislation amended

This Act amends the ACT Civil and Administrative Tribunal Act 2008

.

4 New part 31

insert

Part 31 Validations

350 Validation of appointments

(1) This section applies despite the repeal of the appointment instrument by the ACT Civil and Administrative Tribunal (Presidential Members) Appointment 2015 (No 2)

(NI2015-657), section 5.

(2) Peta Spender is taken to have been appointed as a presidential member of the ACT Civil and Administrative Tribunal for the period beginning on 1 January 2016 and ending on 2 February 2016.

(3) Without limiting subsection (2), and to remove any doubt, anything done, or purporting to have been done, by Peta Spender during the period mentioned in subsection (2) as a presidential member of the tribunal is taken to be, and always to have been, as valid as if the appointment instrument had not been repealed.

(4) Elizabeth Symons is taken to have been appointed as a presidential member of the ACT Civil and Administrative Tribunal for the period beginning on 1 January 2016 and ending on 2 April 2019.

(5) Without limiting subsection (4), and to remove any doubt, anything done, or purporting to have been done, by Elizabeth Symons during the period beginning on 1 January 2016 and ending on the commencement of this section as a presidential member of the tribunal is taken to be, and always to have been, as valid as if the appointment instrument had not been repealed.

(6) The appointments made under subsections (2) and (4) are taken for all purposes to have been made in accordance with this Act.

(7) The conditions of the appointments made under subsections (2) and (4) are taken to be the conditions stated in the appointment instrument and other conditions applying from time to time under this Act or another Territory law.

(8) In this section:

appointment instrument means the ACT Civil and Administrative Tribunal (Presidential Members) Appointment 2008 (No 1)

(NI2008-435) as amended by the ACT Civil and Administrative Tribunal (Presidential Members) Appointment Amendment 2012 (No 1)

(NI2012-138).

351 Expiry—pt 31

This part expires on the day it commences.

Note 1 If a law validates something, the validating effect of the law does not end only because of the repeal of the law (see Legislation Act

, s 88 (1)).

Note 2 The expiry of transitional provisions does not end their effect (see Legislation Act

, s 88).

Endnotes

1 Presentation speech

Presentation speech made in the Legislative Assembly on 8 March 2016.

2 Notification

Notified under the Legislation Act

on 2016.

3 Republications of amended laws

For the latest republication of amended laws, see www.legislation.act.gov.au

.

© Australian Capital Territory 2016

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