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This is a Bill, not an Act. For current law, see the Acts databases.
2002
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Coal
Industry Repeal (Validation of Proclamation) Bill
2002
No. ,
2002
(Industry, Tourism and
Resources)
A Bill for an Act to validate
the Proclamation fixing 1 January 2002 as the commencement date of the
Coal Industry Repeal Act 2001, and for related
purposes
Contents
A Bill for an Act to validate the Proclamation fixing
1 January 2002 as the commencement date of the Coal Industry Repeal Act
2001, and for related purposes
The Parliament of Australia enacts:
This
Act may be cited as the Coal Industry Repeal (Validation of Proclamation) Act
2002.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, on the day or at the time specified in
column 2 of the table.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 and 2 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent |
|
|
2. Sections 3, 4 and 5 |
31 December 2001 |
|
|
3. Section 6 |
The day on which this Act receives the Royal Assent |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part
of this Act. This information may be included in any published version of this
Act.
The objects of this Act are to ensure that:
(a) the Coal Industry Repeal Act 2001 commences on 1 January
2002; and
(b) as a result, all actions taken on the assumption that 1 January
2002 was the commencement date are valid.
Note: Under section 3 of the Coal Industry Act
2001 of New South Wales, dissolution date is defined as the
date on which subsection 4(1) of the Coal Industry Repeal Act 2001
commences.
(1) This section applies to the purported Proclamation that:
(a) fixed 1 January 2002 as the day on which the Coal Industry
Repeal Act 2001 commences; and
(b) was signed by the Governor-General on 20 December 2001;
and
(c) was not published in the Gazette before 31 December
2001.
(2) The Proclamation is as effective as it would have been if it had been
published in the Gazette before 1 January 2002.
Section 7 of the Coal Industry Repeal Act 2001 applies to
this Act in a corresponding way to the way in which it applies to that
Act.
Past acts
(1) For the purposes of this section, a past act is an act
or thing that was done on the assumption that the Coal Industry Repeal Act
2001 had commenced on 1 January 2002.
Validation by Commonwealth law
(2) To avoid doubt, past acts are as valid, and are taken always to have
been as valid, as they would have been if the Coal Industry Repeal Act
2001 had commenced on 1 January 2002.
(3) Subsection (2) has effect to the extent to which it is not in
excess of the legislative power of the Commonwealth.
(4) In addition to its effect apart from this subsection,
subsection (3) also has the effect it would have if its application were,
by express provision, confined to the legislative power conferred by paragraph
51(xx) of the Constitution.
Note: Paragraph 51(xx) of the Constitution deals with
corporations.
(5) It is the intention of the Parliament that subsections (2), (3)
and (4) are not to apply to the exclusion of a law of New South Wales to the
extent that that law is capable of operating concurrently with those
subsections.
Validation by State law
(6) To avoid doubt, it is the intention of the Parliament that a law of
New South Wales may provide that past acts are as valid, and are taken always to
have been as valid, as they would have been if the Coal Industry Repeal Act
2001 had commenced on 1 January 2002.