South Australian Numbered Acts

CONSTITUTION (APPOINTMENTS) ACT 2009 (NO 55 OF 2009) - SECT 5

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.