Coal Industry Repeal (Validation of Proclamation) Act 2002

Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.

This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.

the Coal Industry Repeal Act 2001 commences on 1 January 2002; and

as a result, all actions taken on the assumption that 1 January 2002 was the commencement date are valid.

Under section 3 of the Coal Industry Act 2001 of New South Wales, dissolution date is defined as the date on which subsection 4(1) of the Coal Industry Repeal Act 2001 commences.

This section applies to the purported Proclamation that:

fixed 1 January 2002 as the day on which the Coal Industry Repeal Act 2001 commences; and

was signed by the Governor‑General on 20 December 2001; and

was not published in the Gazette before 31 December 2001.

The Proclamation is as effective as it would have been if it had been published in the Gazette before 1 January 2002.

For the purposes of this section, a past act is an act or thing that was done on the assumption that the Coal Industry Repeal Act 2001 had commenced on 1 January 2002.

To avoid doubt, past acts are as valid, and are taken always to have been as valid, as they would have been if the Coal Industry Repeal Act 2001 had commenced on 1 January 2002.

Subsection (2) has effect to the extent to which it is not in excess of the legislative power of the Commonwealth.

In addition to its effect apart from this subsection, subsection (3) also has the effect it would have if its application were, by express provision, confined to the legislative power conferred by paragraph 51(xx) of the Constitution.

Paragraph 51(xx) of the Constitution deals with corporations.

It is the intention of the Parliament that subsections (2), (3) and (4) are not to apply to the exclusion of a law of New South Wales to the extent that that law is capable of operating concurrently with those subsections.

To avoid doubt, it is the intention of the Parliament that a law of New South Wales may provide that past acts are as valid, and are taken always to have been as valid, as they would have been if the Coal Industry Repeal Act 2001 had commenced on 1 January 2002.