South Australian Current Acts

CORPORATIONS (ADMINISTRATIVE ACTIONS) ACT 2001 - SECT 3

3—Definitions

In this Act—

"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 the time when this Act commences under section 2;

"Commonwealth authority" means an authority or body (whether incorporated or not) that is 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;

"function" includes a duty;

"invalid administrative action" means an administrative action of a Commonwealth authority or an officer of the Commonwealth taken, or purportedly taken, at or before the commencement time—

            (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 in paragraph (a) of the definition of "invalid administrative action ;

"relevant State Act" means—

            (a)         the Corporations (South Australia) Act 1990 ; or

            (b)         the Companies (Application of Laws) Act 1987 ; or

            (c)         the Companies (Acquisition of Shares) (Application of Laws) Act 1981 ; or

            (d)         the Securities Industry (Application of Laws) Act 1981 ; or

            (e)         the Futures Industry (Application of Laws) Act 1986 ; or

            (f)         the Companies and Securities (Interpretation and Miscellaneous Provisions) (Application of Laws) Act 1981 ,

and includes any law applying as a law of the State by force of any such Act;

"right" includes an interest or status.