Alert Digest No. 6 of 2002
   Tuesday, 4 June 2002

[Clauses]

[2]. The provisions in the Bill come into operation on Royal Assent.

Report to the Parliament pursuant to section 4D(b)(i) and (ii) of the Parliamentary Committees Act 1968 concerning a repeal alteration or variation of section 85 (jurisdiction of the Supreme Court) of the Constitution Act 1975

[4]. Inserts a new section 139A into the Act and declares that the proposed new clause 29 in Schedule 7 to the Act (as inserted by clause 6) intends to alter or vary section 85 of the Constitution Act 1975.

[6]. Inserts new clauses 28 and 29 in Schedule 7 of the Act. Clause 28 validates past actions, taken under the Act and clause 29 provides that no proceedings may be brought in respect of those validated actions, the Supreme Court's jurisdiction is in effect being limited. As a result, this clause varies section 85 of the Constitution Act 1975.

The Committee notes the comments in the Second Reading Speech –

That clause prevents the bringing of proceedings (including in the Supreme Court) that seek to challenge or question matters which are deemed valid or lawful by this Bill. This is necessary to ensure the effectiveness of the validation of past actions effected by this Bill and to protect the State and State officials from potential liabilities arising out of those actions.