Queensland Consolidated Acts

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CO-OPERATIVE SCHEMES (ADMINISTRATIVE ACTIONS) ACT 2001 - SCHEDULE

SCHEDULE Dictionary


"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 in the course of or ancillary to or preliminary to or subsequent to judicial proceedings, civil or criminal.

"commencement time" means, except as provided by section 4 (2) and (3)

(a) for the Agricultural and Veterinary Chemicals (Queensland) Act 1994 or the National Crime Authority (State Provisions) Act 1985 —the time when section 4 (1) commences; or
(b) for another relevant State Act—the time when it becomes a relevant State Act under section 4 (1) .

"Commonwealth authority" means an authority or body, whether incorporated or not, 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.

"confer" includes impose.

"invalid administrative action" means an administrative action of a Commonwealth authority or an officer of the Commonwealth taken, or purportedly taken—
(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 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 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;
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 section 75 (v) of the Constitution of the Commonwealth.

"relevant function or power" means a function or power referred to paragraph (a) of the definition
"invalid administrative action" .

"relevant State Act" see section 4 .

"right" includes an interest or status.



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