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CLAUSE NOTES
Constitution (Doubts Removal) Bill 2009
CLAUSE 1 SHORT TITLE
This clause provides the short title to be used when citing the proposed Act for any legal
purpose.
CLAUSE 2 COMMENCEMENT
The proposed Act commences on the day it receives Royal Assent.
CLAUSE 3 INTERPRETATION
This clause defines key terms used in the proposed Act, including `Administrator', `Deputy
Administrator', `Deputy Lieutenant-Governor' and `Lieutenant-Governor'.
It also defines `relevant action' and `relevant time' for the purposes of the Act:
· `relevant action' means any act or omission of an administrative or legislative nature
(ie part of the official duties of any of the roles listed above), done or omitted since the
commencement of the Australia Act 1986 (Cth);
· `relevant time' means from the commencement of the Australia Act 1986 (Cth) (5.00
a.m. GMT on 3 March 1986) to the day the Act receives Royal Assent.
CLAUSE 4 ACT TO BIND THE CROWN
This clause provides that the proposed Act binds the Crown in right of Tasmania.
CLAUSE 5 EFFECT OF RELEVANT ACTIONS
This clause provides that relevant actions are deemed to have effect, as if they had been done
or omitted to be done at the relevant time by a person validly holding the office of Governor.
This has the effect of removing any doubt that all official acts or omissions performed by an
Administrator, Deputy Administrator, Deputy Lieutenant-Governor or Lieutenant-Governor
since the commencement of the Australia Act 1986 (Cth) are valid, as if they had been
correctly appointed.
CLAUSE 6 ACT NOT TO GIVE RISE TO LIABILITY OF THE STATE
Clause 6(1) provides that the State is not liable for any action, liability, claim or demand
arising from the proposed Act.
Clause 6(2) states that no proceedings lie against the State, except to the extent that they
would lie had the relevant action or omission be done by a person validly holding the office of
Governor. This essentially means that acts or omissions done by an Administrator, Deputy
Administrator, Deputy Lieutenant-Governor or Lieutenant-Governor since the commencement
of the Australia Act 1986 (Cth) that may have been outside the scope of, or contrary to, their
Clause Notes Constitution (Doubts Removal) Bill 2009 1
official functions, may still result in a liability for the State (for example a claim of
negligence).
Clause 6(3) defines key terms used in clause 6, including `proceedings' and `the State'.
CLAUSE 7 ADMINISTRATION OF ACT
This clause provides that until provision is made in the Administrative Arrangements Act
1990:
· the administration of the Act will be assigned to the Premier; and
· the responsible department is the Department of Premier and Cabinet.
CLAUSE 8 CONSEQUENTIAL AMENDMENTS
This clause indicates that there is a consequential amendment to the Constitution Act 1934
(Tas).
SCHEDULE 1 CONSEQUENTIAL AMENDMENTS
Clause 1 of schedule 1 clause specifies the consequential amendment to the Constitution Act
1934 (Tas), which removes the words "under Royal Sign Manual and Signet". This has the
effect of clarifying that Lieutenant-Governors and Administrators (or their deputies) are not
appointed by the Queen.
Clause Notes Constitution (Doubts Removal) Bill 2009 2