Version No. 002
Constitution (Supreme Court) Act 1989
No. 22 of 1989
Version incorporating amendments as at 16 November 2007
table of provisions
SectionPage
1
SectionPage
1Purpose
2Commencement
3Principal Act
4Validity of certain Acts etc.
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 002
Constitution (Supreme Court) Act 1989
No. 22 of 1989
Version incorporating amendments as at 16 November 2007
1
Constitution (Supreme Court) Act 1989
No. 22 of 1989
The Parliament of Victoria enacts as follows:
1Purpose
The purpose of this Act is to make further provision relating to the jurisdiction of the Supreme Court and to remove doubts about the validity of certain Acts.
2Commencement
This Act comes into operation on the day on which it receives the Royal Assent.
No. 8750.
3Principal Act
In this Act, the Constitution Act 1975 is called the Principal Act.
4Validity of certain Acts etc.
S. 4(1) amended by No. 35/1991
s. 6.
(1)[1]The enactment or validity of the Retail Tenancies Act 1986, the Planning and Environment Act 1987 or any other Act enacted or purporting to have been enacted after 1 December 1975 and before 1 July 1991 shall not be called in question in any proceeding in any court or tribunal on the ground that the Bill for the Act contained any provision by which section 85 of the Principal Act may be repealed, altered or varied and, because the requirements of section 18(2) of the Principal Act were not complied with, the Bill was not lawfully presented for Royal Assent or was void.
(2)In subsection (1), a reference to a provision in a Bill for an Act does not include a reference to a provision directly amending Part III of the Principal Act by the insertion, substitution, omission or repeal of matter.
s. 4
(3)Anything done or omitted to be done under the authority or purported authority of an Act to which subsection (1) applies shall not be called in question on the ground referred to in subsection (1).
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ENDNOTES
Endnotes
1. General Information
Minister's second reading speech—
Legislative Assembly: 19 April 1989
Legislative Council: 26 May 1989
The long title for the Bill for this Act was "A Bill to amend Part III of the Constitution Act 1975 and for other purposes.".
The Constitution (Supreme Court) Act 1989 was assented to on 2 June 1989 and came into operation on 2 June 1989: section 2.
2. Table of Amendments
This Version incorporates amendments made to the Constitution (Supreme Court) Act 1989 by Acts and subordinate instruments.
Endnotes
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Constitution (Jurisdiction of Supreme Court) Act 1991, No. 35/1991
Assent Date: / 18.6.91Commencement Date: / S. 6 on 1.7.89: s. 2(1); rest of Act on 18.6.91: s. 2(2)
Current State: / All of Act in operation
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3. Explanatory Details
Endnotes
1
[1] S. 4(1): Section 7 of the Constitution (Jurisdiction of Supreme Court) Act 1991, No. 35/1991 reads as follows:
7Transitional
(1)This section applies where, before 1 May 1991, a party to a proceeding before a court or tribunal had sought, in the course of that proceeding, to call in question the enactment or validity of an Act enacted or purporting to have been enacted before that date but on or after 1 July 1989 on the ground referred to in section 4 of the Constitution (Supreme Court) Act 1989.
(2)A court or tribunal may decide a question referred to in subsection (1) as if this Act had not been enacted but only in so far as affects the particular facts, matters or circumstances in issue in those proceedings.
(3)A decision of a court or tribunal under subsection (2) is not binding on that or any other court or tribunal in relation to any other proceedings.