Australian Capital Territory Numbered Acts

STATUTE LAW AMENDMENT ACT 2003 (NO 2) (NO. 56 OF 2003) - SCHEDULE 1

Schedule 1     Minor amendments

(see s 5)

Part 1.1     Building and Construction Industry Training Levy Act 1999

[1.1]     New part 8

insert

Part 8     Validation

38     Validation of appointment of members of board

    (1)     The people appointed by the Minister as members of the board (whether on an acting basis or otherwise) during the period beginning on 1 November 2002 and ending on 18 July 2003 are taken to be, and always to have been, members of the board for the period appointed as if the appointments had been properly—

        (a)     made; and

        (b)     notified under the Legislation Act, section 61; and

        (c)     presented to the Legislative Assembly under the Legislation Act, section 64 (1).

    (2)     Without limiting subsection (1), and to remove any doubt, anything done, or purporting to have been done, by the board during the period mentioned in that subsection in exercise of the functions of the board is taken to be, and always to have been, as valid as if the appointments had been properly—

        (a)     made; and

        (b)     notified under the Legislation Act, section 61; and

        (c)     presented to the Legislative Assembly in accordance with the Legislation Act, section 64 (1).

40     Expiry of pt 8

This part expires the same day it commences.

Note     If a law validates something that is or may otherwise be invalid, the validating effect of the law does not end merely because of the repeal of the law (see Legislation Act, s 88 (1) (b)).

Explanatory note

This amendment inserts provisions to ensure the validity of the appointments of members and actions of the Building and Construction Training Fund Board during the period 1 November 2002 to 18 July 2003. It would seem that not all of the requirements of the Legislation Act about the making, notification and presentation of appointments were satisfied for appointments made to the board during that period. In particular, when the appointments of members ended on 31 October 2002, some of the members were reappointed for 2 consecutive periods of less than 6 months. The second of these reappointments was not tabled.

To remove any ongoing doubts about the validity of appointments of members of the board, the members were reappointed by an instrument of appointment with effect from 19 July 2003 (see DI2003—190). The Legislative Standing Committee on Education was consulted about the reappointments and the instrument of appointment was presented to the Legislative Assembly on 19 August 2003.