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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Constitution (Appointments)
Bill 2009
A BILL FOR
An Act to remove doubts relating to actions taken by Lieutenant-Governors
and Administrators of the State at any time since the commencement of the
Australia Act 1986 of the Commonwealth; and for other
purposes.
Contents
1 Short
title
2 Interpretation
3 Act binds Crown
4 Effect of relevant
actions
5 Act not to give rise to liability against the State
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Constitution (Appointments)
Act 2009.
In this Act—
Administrator means a person appointed as, or purportedly
appointed as, or acting as, or purportedly acting as, Administrator of the
State;
Lieutenant-Governor means a person appointed as, or
purportedly appointed as, Lieutenant-Governor of the State;
relevant action means an act or omission of an administrative
or legislative nature, including the exercise, or purported exercise, of
prerogative powers, done or omitted, or purportedly done or omitted, at a
relevant time by a Lieutenant-Governor or an Administrator during the
administration, or purported administration, of the government of the State by
that person;
relevant time means any time between 5 am Greenwich Mean Time
on 3 March 1986 and the commencement of this Act.
Note—
The Australia Act 1986 of the Commonwealth came into operation
at 5 am Greenwich Mean Time on 3 March 1986.
This Act binds the Crown in right of South Australia and, in so far as the
legislative power of the Parliament of South Australia permits, the Crown in all
its other capacities.
Every relevant action has, and is deemed always to have had, the same force
and effect for all purposes as it would have had if it had been done, or omitted
to be done, at the relevant time by a person validly holding the office of
Governor at that time.
5—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.
(2) Without limiting subsection (1), no proceedings lie against the
State in respect of a relevant action affected by this Act, except to the extent
that the proceedings would lie had the relevant action been done, or omitted to
be done, at the relevant time by a person validly holding the office of
Governor.
(3) In this section—
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—
(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.