1Short title and commencement
(1)
This Act may be cited as the Administrative Arrangements Act 1983.
(2)
This Act shall come into operation on the day on which it receives the Royal Assent.
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This Act may be cited as the Administrative Arrangements Act 1983.
This Act shall come into operation on the day on which it receives the Royal Assent.
In this Act unless inconsistent with the context or subject-matter—
S. 2(1) def. of AAO consolidated version inserted by No. 47/2024 s. 27(1)(a).
AAO consolidated version means a document prepared under section 8(1);
S. 2(1) def. of administrative change amended by No. 47/2024 s. 27(1)(b).
administrative change means—
a requirement of the kind referred to in section 3(1)(a);
the fact of there ceasing to be the office of a Minister, a Department or the office of an officer of a particular description;
the transfer of the administration of an Act, or part of an Act, from a Minister to another Minister; or
the transfer of a function from a Minister to another Minister; or
the transfer of a function from—
a Department to another Department or an officer; or
an officer to another officer or a Department;
S. 2(1) def. of Agency corporation inserted by No. 46/1998 s. 4, substituted by No. 108/2004 s. 117(1) (Sch. 3 item 2.1(a)).
Agency corporation means a body corporate established by an Act and constituted by the person who is for the time being the public service body Head within the meaning of the Public Administration Act 2004 of a public service body and the successors in office of that person;
S. 2(1) def. of Department substituted by Nos 10046 s. 31(a), 68/1992 s. 112(a), 46/1998 s. 7(Sch. 1), amended by No. 108/2004 s. 117(1) (Sch. 3 item 2.1(b)).
Department means—
a Department within the meaning of the Public Administration Act 2004; or
an Administrative Office within the meaning of that Act; or
a declared authority within the meaning of that Act;
description includes a title;
function means function, power or duty;
Minister means a responsible Minister of the Crown;
S. 2(1) def. of officer amended by No. 10046 s. 31(b), substituted by Nos 68/1992 s. 112(b), 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 2.1(c)), amended by No. 47/2024 s. 27(2).
officer means—
an employee under Part 3 of the Public Administration Act 2004 or of a declared authority within the meaning of that Act; or
in relation to a declared authority within the meaning of the Public Administration Act 2004, a person or body specified in an Order under section 105(2)(b) of that Act to have the functions of a public service body Head within the meaning of that Act; or
a person appointed to a public office under section 88 of the Constitution Act 1975;
Order means an Order under this Act;
reference in relation to a Minister, Department or officer includes a reference that is to be read or construed as, or taken to be, or deemed to be, or otherwise treated as, a reference to that Minister, Department or officer (whether by or under this or any other Act);
statutory instrument means an instrument made under an Act or under an instrument made under an Act and includes a regulation, rule or by-law made under an Act.
A reference in this Act to a superseded authority is, in relation to an administrative change referred to in—
paragraph (a) of the interpretation of administrative change in subsection (1)—a reference to a Minister, Department or officer, a reference to whom or which by a particular description is to be construed in accordance with provisions referred to in section 3(1)(a);
paragraph (b) of that interpretation—a reference to a Minister, Department or officer of a description referred to in that paragraph; or
S. 2(2)(c) amended by No. 47/2024 s. 27(3).
paragraph (c), (d) or (e) of that interpretation—a reference to a Minister, Department or officer from whom or which a transfer referred to in that paragraph was effected.
The Governor in Council may make an Order containing—
S. 3(1)(a) amended by No. 47/2024 s. 28(1).
provisions requiring a reference in any Act or statutory instrument, or in any other instrument, or in any contract or agreement, to a Minister, Department or officer by a description specified therein to be construed as a reference respectively to a Minister, Department or officer described in the Order;
such other provisions as the Governor in Council considers necessary or convenient to be made for the purpose of dealing with matters incidental to or consequential upon an administrative change.
S. 3(1A) inserted by No. 47/2024 s. 28(2).
To avoid doubt, an Order made under subsection (1) may amend or revoke an Order made under that subsection before, on or after the commencement of this subsection.
S. 3(2) amended by No. 47/2024 s. 28(3).
An Order made under subsection (1) may include—
provisions of a transitional or savings nature, including—
provisions for the carrying on or completion of anything commenced by, or under the authority of, or in relation to, the superseded authority;
provisions for the continuity of any body constituted by, or having amongst its members, the superseded authority; and
provisions for the substitution, in any legal proceedings, of a Minister or officer for the superseded authority in his official capacity; and
provisions for the transfer of any property, rights and liabilities held, enjoyed or incurred by the superseded authority.
S. 3(3) substituted by No. 47/2024 s. 28(4).
An Order made under subsection (1) may—
be of general or limited application;
differ according to differences in time, place or circumstance;
apply only to or in respect of the whole or part of a function, property, right, liability, transaction or other subject matter specified in the Order.
Where a function is transferred from a Department to another Department and before the transfer moneys appropriated by an appropriation Act could lawfully have been issued or applied for to or in respect of the performance by the superseded Department of that function then the Governor in Council may by Order direct that all or part of the moneys may be issued and applied for to or in respect of the performance by the other Department of that function.
Where the issue or application of any moneys appropriated by an appropriation Act may be affected by an Order under section 3 and also by an Order under subsection (1) of this section then to the extent of any inconsistency between the two Orders the issue and application of the moneys shall be made pursuant to the Order under subsection (1) of this section.
Moneys appropriated for a service works or purpose specified in an appropriation Act under a heading referring to a superseded Department is still available for that service works or purpose notwithstanding that the service works or purpose or part thereof is given effect to by or has become the responsibility of another Department.
S. 4(4) amended by No. 18/1994 s. 66(Sch. 2 item 1).
Where a function has been transferred from one Department to another Department and immediately before the transfer a person for the time being holding or performing the duties of an office in the superseded Department could have exercised a power or performed a duty under the Financial Management Act 1994 or regulations or directions under that Act with respect to the performance of the function—
the person who under that Act or the regulations made under that Act has the power to do so in respect of the other Department may in accordance with that Act or the regulations made under that Act appoint another person to exercise that power or perform that duty with respect to the performance of the function by the other Department and also so far as it is necessary with respect to the former performance of the function by the superseded Department;
until an appointment is made under paragraph (a) the person first-mentioned in this subsection shall exercise that power and perform that duty with respect to the performance of the function by the other Department and also so far as it is necessary with respect to the former performance of the function by the superseded Department.
Where the Governor in Council makes an Order under subsection (1) the Minister for the time being administering this Act shall furnish a copy of the Order to the Auditor-General.
In this section—
Department means—
in relation to a works and services appropriation Act, a Department or Ministry referred to in that Act; and
in relation to any other appropriation Act, a Department referred to in the Departmental Votes in that Act—
but does not include the Parliament;
superseded Department means—
a Department which has ceased to exist; or
a Department from which a function has been transferred.
An Order shall—
be published in the Government Gazette; and
take effect from the day on which it is published in the Government Gazette, or where—
an earlier day (whether before, on or after the commencement of this Act); or
a later day—
is specified in the Order, from that day.
An Order does not invalidate anything done or omitted to be done before the day on which it is published in the Government Gazette.
To the extent to which an Order takes effect from a day that is earlier than the day on which it is published in the Government Gazette, the Order does not operate—
so as to affect, in a manner prejudicial to any person (other than the Crown or a public authority), the rights of that person existing before the day on which it is published in the Government Gazette; or
so as to impose liabilities on any person (other than the Crown or a public authority) in respect of anything done or omitted to be done before the day on which it is published in the Government Gazette.
A provision of the kind referred to in section 3(1)(a) does not apply to or in respect of any Act or statutory instrument or any other instrument or any contract or agreement enacted made or entered into after the day of publication in the Government Gazette of the Order in which the provision is contained or the day on which the provision takes effect, whichever is the later.
Nothing in this Act shall be construed as preventing—
the transfer to or vesting in any Minister of the administration of any Act or of any provision of any Act; or
the transfer from any Minister of the administration of any Act or of any provision of any Act—
in any manner in which the administration of Acts is customarily transferred from or vested in Ministers in Victoria.
S. 7 inserted by No. 46/1998 s. 5.
S. 7(1) amended by No. 108/2004 s. 117(1) (Sch. 3 item 2.2).
If the name of an Agency corporation includes the name of a Department within the meaning of the Public Administration Act 2004 and the name of that Department is changed under that Act, the name of the Agency corporation is changed, at the same time, to include the new name of the Department.
If the name of an Agency corporation is changed under subsection (1)—
the change of name does not—
create a new legal entity;
prejudice or affect the identity of the Agency corporation as a body corporate or the continuity of that body corporate;
affect the property, rights or obligations of the Agency corporation;
render defective any legal proceedings by or against the Agency corporation; and
any legal proceedings that could have been continued or begun by or against the Agency corporation by its former name may be continued or begun by or against it by its new name; and
a reference in any Act, subordinate instrument (within the meaning of the Interpretation of Legislation Act 1984) or any document to the Agency corporation by its former name is, in relation to any period on or after the time that the name of the Agency corporation changed, to be taken to be a reference to the Agency corporation by its new name.
S. 8 inserted by No. 47/2024 s. 29.
The Secretary may prepare a document that consists of an Order made under section 3, as amended from time to time.
An AAO consolidated version must include the words "AAO consolidated version prepared under section 8 of the Administrative Arrangements Act 1983" on the first page of the AAO consolidated version and at the foot of each page of the AAO consolidated version.
S. 9 inserted by No. 47/2024 s. 29.
The Secretary may cause an AAO consolidated version to be published on the Department's Internet site.
S. 10 inserted by No. 47/2024 s. 29.
An AAO consolidated version published in accordance with section 9 and any copy of an AAO consolidated version printed directly from the Internet site referred to in section 9 is, on the mere production of that version or copy, admissible as evidence thereof before all courts and persons acting judicially within Victoria.
It is presumed, unless the contrary is proved, that a document purporting to be an AAO consolidated version is what it purports to be.