Constitution (Doubts Removal) Act 2009
View - Tasmanian Legislation Online
Skip to main content
Tasmanian Legislation
Tasmania's consolidated legislation online
Toggle navigation
www.tas.gov.au
Home (current)
About
Related Links
Help
Search
Browse
In Force Legislation
Legislation As Made
Repealed Legislation
Bills -->
Preferences
Contact
Copyright and Disclaimer
Feedback
Submit
Table Of Contents
Toggle navigation
View whole Act
Statutory Rules
Legislative history
Search
Search Act
Find Component
Find Legislation
Atom Feeds
Current Document
Amendments
SRs
-->
A
Results: match 0 of 0 provisions
Previous Hit
Next Hit
Return to search results
0 hits in page:
First
Last
Constitution (Doubts Removal) Act 2009
Constitution (Doubts Removal) Act 2009
An Act to remove doubts relating to actions taken by Lieutenant-Governors, Deputy Lieutenant-Governors, Administrators and Deputy Administrators of the State at any time since the commencement of the
Australia Act 1986
of the Commonwealth, to amend the
Constitution Act 1934
and for other purposes [Royal Assent 30 November 2009]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
1.
Short title
This Act may be cited as the
Constitution (Doubts Removal) Act 2009 .
2.
Commencement
This Act commences on the day on which this Act receives the Royal Assent.
3.
Interpretation
In this Act
Administrator
means a person appointed as, or purportedly appointed as, Administrator of the State;
Deputy Administrator
means a person appointed as, or purportedly appointed as, Deputy Administrator of the State;
Deputy Lieutenant-Governor
means a person appointed as, or purportedly appointed as, Deputy Lieutenant-Governor 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, a Deputy Lieutenant-Governor, an Administrator or a Deputy Administrator during the administration, or purported administration, of the government of the State by that person;
relevant time
means any time between 5.00 a.m. 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 5.00 a.m. Greenwich Mean Time on 3 March 1986.
4.
Act to bind the Crown
This Act binds the Crown in right of Tasmania and, so far as the legislative power of the Parliament permits, in all its other capacities.
5.
Effect of relevant actions
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.
6.
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.
7.
Administration of Act
Until provision is made in relation to this Act by order under
section 4 of the
Administrative Arrangements Act 1990
(a) the administration of this Act is assigned to the Premier; and
(b) the department responsible to the Premier in relation to the administration of this Act is the Department of Premier and Cabinet.
8.
See
Schedule 1 .
SCHEDULE 1 - Consequential Amendments
The amendments effected by
Section 8
and this Schedule have been incorporated into the authorised version of the
Constitution Act 1934 .
from top.html -->
You are directed to information on how your personal information is protected. You are directed to a disclaimer and copyright notice governing the information provided.
©The State of Tasmania (The Department of Premier and Cabinet) 2026 (Ver. 6.0.73 Rev. 1612)