Constitution (Appointments) Act 2009

i Constitution (Appointments) Act 2009 No. 70 of 2009 TABLE OF PROVISIONS Section Page 1 Purposes 1 2 Commencement 2 3 Definitions 2 4 Act to bind the Crown 2 5 Effect of relevant actions 3 6 Act not to give rise to liability against the State 3 7 Amendment of Constitution Act 1975 4 ═══════════════ ENDNOTES 5 -- 1 of 6 -- 1 Constitution (Appointments) Act 2009 † No. 70 of 2009 [Assented to 1 December 2009] The Parliament of Victoria enacts: 1 Purposes The purposes of this Act are— (a) 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 (b) to amend the Constitution Act 1975 to confer the power to appoint a person as Lieutenant-Governor or Administrator expressly on the Governor. Victoria -- 2 of 6 -- Constitution (Appointments) Act 2009 No. 70 of 2009 2 2 Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. 3 Definitions In this Act— Administrator means a person appointed as, or purportedly appointed as, or purportedly deemed to be appointed 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, or whether acting as the Governor's deputy or otherwise; 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 Victoria and, in so far as the legislative power of the Parliament of Victoria permits, the Crown in all its other capacities. s. 2 -- 3 of 6 -- Constitution (Appointments) Act 2009 No. 70 of 2009 3 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. s. 5 -- 4 of 6 -- Constitution (Appointments) Act 2009 No. 70 of 2009 4 7 Amendment of Constitution Act 1975 (1) For section 6A(2) of the Constitution Act 1975 substitute— "(2) The Governor may appoint a person as Lieutenant-Governor during the Governor's pleasure by Commission under the Public Seal of the State.". (2) In section 6A(3) of the Constitution Act 1975 for "Her Majesty's pleasure" substitute "the Governor's pleasure". (3) For section 6A(4) of the Constitution Act 1975 substitute— "(4) The Governor may appoint a person as Administrator during the Governor's pleasure by Commission under the Public Seal of the State.". ═══════════════ See: Act No. 8750. Reprint No. 19 as at 1 January 2009 and amending Act Nos 4/2009 and 38/2009. LawToday: www. legislation. vic.gov.au s. 7 -- 5 of 6 -- Constitution (Appointments) Act 2009 No. 70 of 2009 5 ENDNOTES † Minister's second reading speech— Legislative Assembly: 10 November 2009 Legislative Council: 12 November 2009 The long title for the Bill for this Act was "A Bill for an Act relating to actions taken by Lieutenant-Governors and Administrators of the State, to amend the Constitution Act 1975 and for other purposes." Constitution Act 1975: Special majorities: Legislative Assembly: 12 November 2009 Legislative Council: 24 November 2009 Endnotes -- 6 of 6 --