{"id":"nsw:act-2001-045","name":"Co-operative Schemes (Administrative Actions) Act 2001","slug":"co-operative-schemes-administrative-actions-act-2001","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"45 of 2001","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175168,"registerId":"nsw-nsw:act-2001-045-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Co-operative Schemes (Administrative Actions) Act 2001](/view/html/inforce/current/act-2001-045).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Act—\n> \n> administrative action means an act or omission of an administrative or legislative nature, and includes any act or omission of an administrative nature that is done or omitted in the course of or ancillary to or preliminary to or subsequent to judicial proceedings (civil or criminal).\n> \n> commencement time means (except as provided by section 4 (4))—\n> \n> > (a) in relation to the [Agricultural and Veterinary Chemicals (New South Wales) Act 1994](/view/html/inforce/current/act-1994-053)—the time when section 4 (1) (a) commences, or\n> \n> > (a1) in relation to the [Water Efficiency Labelling and Standards (New South Wales) Act 2005](/view/html/inforce/current/act-2005-012)—the time when section 4 (1) (a1) commences, or\n> \n> > (b) in relation to any other relevant State Act—the time when it becomes a relevant State Act for the purposes of this Act by a proclamation made under section 4 (2).\n> \n> Commonwealth authority means an authority or body (whether incorporated or not) that is established or continued in existence by or under an Act of the Commonwealth, but does not include the Federal Court of Australia or the Federal Circuit and Family Court of Australia.\n> \n> confer includes impose.\n> \n> function includes a duty.\n> \n> invalid administrative action means an administrative action of a Commonwealth authority or an officer of the Commonwealth taken, or purportedly taken—\n> \n> > (a) pursuant to a function or power conferred, or purportedly conferred, by or under a relevant State Act (the relevant function or power), and\n> \n> > (b) in circumstances where the relevant function or power could not have been conferred on the authority or officer by a law of the Commonwealth the operation of which in the relevant respect was based on the legislative powers of the Parliament of the Commonwealth (including, for example, circumstances where the authority or officer was, or purportedly was, under an express or implied duty to perform the function or exercise the power),\n> \n> that was invalid because of the circumstances referred to in paragraphs (a) and (b), whether or not it was also invalid on any other ground.\n> \n> liability includes a duty or obligation.\n> \n> officer of the Commonwealth has the same meaning as in section 75 (v) of the [Constitution of the Commonwealth](http://www.legislation.gov.au/).\n> \n> relevant function or power means a function or power referred to in paragraph (a) of the definition of invalid administrative action.\n> \n> relevant State Act is defined in section 4.\n> \n> right includes an interest or status.\n> \n> **s 3:** Am 2005 No 12, Sch 1.1 \\[1\\] \\[2\\]; 2016 No 27, Sch 2.9; 2023 No 7, Sch 2.11.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Co-operative schemes to which this Act applies—relevant State Acts","content":"#### 4 Co-operative schemes to which this Act applies—relevant State Acts\n\n4 Co-operative schemes to which this Act applies—relevant State Acts\n\n> > (1) For the purposes of this Act, relevant State Act means—\n> > \n> > > (a) the [Agricultural and Veterinary Chemicals (New South Wales) Act 1994](/view/html/inforce/current/act-1994-053), and\n> > \n> > > (a1) the [Water Efficiency Labelling and Standards (New South Wales) Act 2005](/view/html/inforce/current/act-2005-012), and\n> > \n> > > (a2) Part 1A of the [Marine Safety Act 1998](/view/html/inforce/current/act-1998-121), and\n> > \n> > > (b) any other Act or part of an Act specified in a proclamation under subsection (2),\n> > \n> > and includes any law applying as a law of the State by force of any such Act or part of an Act.\n> \n> > (2) A proclamation may declare that a specified Act or part of an Act is a relevant State Act for the purposes of this Act.\n> \n> > (3) A proclamation under subsection (2) commences—\n> > \n> > > (a) at the beginning of the day on which it is published in the Gazette, or\n> > \n> > > (b) at a later time, being a specified time of a day specified in the proclamation.\n> \n> > (4) A proclamation may declare that the commencement time in relation to a relevant State Act is the specified time of a day specified in the proclamation (being a day that is not later than the day on which the proclamation is published in the Gazette). This Act has effect in respect of the commencement time so declared whether or not it has already had effect in respect of an earlier commencement time.\n> \n> **s 4:** Am 2005 No 12, Sch 1.1 \\[3\\]; 2012 No 90, Sch 2.1 \\[1\\]–\\[3\\].","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Administrative functions and powers conferred on Commonwealth authorities and officers","content":"#### 5 Administrative functions and powers conferred on Commonwealth authorities and officers\n\n5 Administrative functions and powers conferred on Commonwealth authorities and officers\n\n> > (1) A relevant State Act does not purport to confer any duty on a Commonwealth authority or an officer of the Commonwealth to perform a function, or to exercise a power, in relation to a matter arising under the relevant State Act if the conferral of the duty would be beyond the legislative power of the Parliament of the State.\n> \n> > (2) This section does not limit the operation of section 31 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015).","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Validation of invalid administrative actions","content":"# Part 2 Validation of invalid administrative actions\n\nPart 2 Validation of invalid administrative actions","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Invalid administrative actions to which Part applies","content":"#### 6 Invalid administrative actions to which Part applies\n\n6 Invalid administrative actions to which Part applies\n\n> This Part applies to invalid administrative actions that have been taken, or have purportedly been taken, under a relevant State Act at or before the commencement time in relation to that Act.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Operation of Part","content":"#### 7 Operation of Part\n\n7 Operation of Part\n\n> > (1) Subject to subsection (2), this Part extends to rights or liabilities arising between parties to proceedings initiated at or before the commencement time in relation to a relevant State Act where an allegedly invalid administrative action is or was the subject of or relevant to the proceedings.\n> \n> > (2) This Part does not affect rights or liabilities arising between parties to proceedings heard and finally determined at or before the commencement time in relation to a relevant State Act to the extent to which those rights or liabilities arise from, or are affected by, an invalid administrative action.\n> \n> > (3) This Part extends to administrative actions as affected by the operation of section 28B of the [Agricultural and Veterinary Chemicals (New South Wales) Act 1994](/view/html/inforce/current/act-1994-053).","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Legal effect of invalid administrative actions","content":"#### 8 Legal effect of invalid administrative actions\n\n8 Legal effect of invalid administrative actions\n\n> Every invalid administrative action has, and is deemed always to have had, the same force and effect for all purposes as it would have had if—\n> \n> > (a) it had been taken, or purportedly taken, by a State authority or officer of the State, and\n> \n> > (b) the relevant function or power had been duly conferred on that authority or officer.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Rights and liabilities declared in certain cases","content":"#### 9 Rights and liabilities declared in certain cases\n\n9 Rights and liabilities declared in certain cases\n\n> > (1) Without affecting the generality of section 8, the rights and liabilities of all persons are, by force of this Act, declared to be, and always to have been, for all purposes the same as if—\n> > \n> > > (a) every invalid administrative action had been taken, or purportedly taken, by a State authority or officer of the State, and\n> > \n> > > (b) the relevant function or power had been duly conferred on that authority or officer.\n> \n> > (2) A right or liability conferred or affected by subsection (1)—\n> > \n> > > (a) is exercisable or enforceable, and\n> > \n> > > (b) is to be regarded as always having been exercisable or enforceable,\n> > \n> > as if it were a right or liability conferred or affected by (or arising from) an administrative action of a State authority or officer of the State on which or whom the relevant function or power had been duly conferred.\n> \n> > (3) Any act or thing done or omitted to be done at or before the commencement time in relation to a relevant State Act under or in relation to a right or liability conferred or affected by subsection (1)—\n> > \n> > > (a) has the same effect, and gives rise to the same consequences, for the purposes of any written or other law, and\n> > \n> > > (b) is to be regarded as always having had the same effect, and given rise to the same consequences, for the purposes of any written or other law,\n> > \n> > as if it were done, or omitted to be done, to give effect to, or under the authority of, or in reliance on, an administrative action of a State authority or officer of the State on which or whom the relevant function or power had been duly conferred.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"This Part to apply to administrative actions as purportedly in force from time to time","content":"#### 10 This Part to apply to administrative actions as purportedly in force from time to time\n\n10 This Part to apply to administrative actions as purportedly in force from time to time\n\n> > (1) The purpose of this section is to ensure that this Part operates to give to an invalid administrative action that has subsequently been affected by another action or process no greater effect than it would have had if the administrative action, or any other relevant administrative action, had not been invalid on constitutional grounds (arising from the circumstances referred to in paragraphs (a) and (b) of the definition of invalid administrative action in section 3).\n> \n> > (2) If administrative action taken by a Commonwealth authority or an officer of the Commonwealth was affected (whether by way of revocation, modification or otherwise) at or before the commencement time in relation to a relevant State Act by any later administrative action or by any judicial process or by any administrative review process, this Part applies to the administrative action as so affected from time to time.\n> \n> > (3) In this section, a reference to administrative action taken includes a reference to administrative action purportedly taken, and a reference to administrative action affected in any way includes a reference to administrative action purportedly affected in that way.","sortOrder":11},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous\n\nPart 3 Miscellaneous","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Act binds Crown","content":"#### 11 Act binds Crown\n\n11 Act binds Crown\n\n> This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Corresponding authorities or officers","content":"#### 12 Corresponding authorities or officers\n\n12 Corresponding authorities or officers\n\n> It is immaterial, for the purposes of this Act, that a Commonwealth authority or an officer of the Commonwealth does not have a counterpart in the State, or that the powers and functions of a counterpart State authority or a counterpart officer of the State do not correspond exactly or substantially with those of the Commonwealth authority or the officer of the Commonwealth.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Act not to give rise to liability against the State","content":"#### 13 Act not to give rise to liability against the State\n\n13 Act not to give rise to liability against the State\n\n> > (1) The State is not liable to any action, liability, claim or demand arising from the enactment, commencement or operation of this Act or the making, publication or operation of a proclamation under section 4.\n> \n> > (2) Without limiting subsection (1), no proceedings lie against the State in respect of an administrative action affected by this Act, except to the extent that the proceedings would lie had this Act not been enacted or a proclamation under section 4 not been made.\n> \n> > (3) In this section—\n> > \n> > 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.\n> > \n> > the State includes any State authority or officer of the State, and also includes—\n> > \n> > > (a) the Crown in right of the State, and\n> > \n> > > (b) the Government of the State, and\n> > \n> > > (c) a Minister of the Crown in right of the State, and\n> > \n> > > (d) a statutory corporation, or other body, representing the Crown in right of the State.","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Regulations","content":"#### 14 Regulations\n\n14 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) In particular, the regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or the making of a proclamation under section 4.","sortOrder":16}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Yes. The Act materially changes legal consequences by retroactively treating certain Commonwealth administrative acts under specified State laws as if they had been validly performed by State authorities (s8–s9). It applies to actions taken or purportedly taken at or before the appointed commencement time (s6) and permits expansion of covered State laws by proclamation (s4). It also narrows remedies against the State by barring proceedings that arise solely from the enactment or operation of this Act (s13)."},"complexity_factors":["Retrospective validation of administrative acts (s6–s10, s8–s9) creates legal complexity by altering past rights and liabilities and interacting with existing proceedings (s7).","Constitutional/constitutional‑power interplay: defining an \"invalid administrative action\" hinges on whether the State conferred powers could validly bind Commonwealth bodies under federal legislative powers (s3(definition)).","Proclamation mechanism for adding relevant State Acts and fixing commencement times (s4) introduces executive discretion and contingent scope, requiring attention to Gazette dates and proclaimed times (s4(2)–(4)).","Deeming provisions that equate Commonwealth acts to State acts for \"all purposes\" (s8–s9) complicate statutory interpretation and downstream application across other laws and contracts (s9(3)).","Exceptions and temporal limits: Part applies only to acts at or before the commencement time (s6) and excludes finally determined proceedings decided by that time to the extent affected (s7(2)), creating granular temporal rules.","Limitation on State liability and remedies: the Act bars new causes of action against the State arising solely from this Act and preserves only pre‑existing remedies (s13), affecting litigation strategy and potential relief.","Cross‑references to other legislation and processes — e.g. Interpretation Act s31 (s5), specific State Acts listed (s4) and amendment notes — increase interpretive load and administrative coordination (s5, s7(3)).","Broad definitions (e.g. 'administrative action', 'commencement time', 'relevant function or power') embed factual and legal uncertainty requiring case‑by‑case analysis (s3)."],"plain_english_summary":"This Act retrospectively validates administrative acts that Commonwealth authorities took (or purported to take) under specified New South Wales laws by treating those acts as if a State authority had performed them. It applies to acts at or before the proclaimed commencement time and permits the Governor to add further State laws by proclamation.\n\nMechanically, the law deems rights and liabilities to be the same as if valid State actions had occurred, limits proceedings against the State (s13), and leaves timing and scope decisions to proclamations (s4)."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient substantive content was provided to assess whether the scope of this Act changed from its original intent. The metadata shows amendments in 2005, 2013, 2016, and 2023, which may reflect scope changes, but this cannot be confirmed without the full legislative text."},"complexity_factors":["Only metadata and navigation content was provided — no substantive legislative text was available for analysis","The Act's title suggests it involves administrative law (government decision-making rules) layered over co-operative law, which can be complex in practice","Multiple amendments over 22 years suggest the law has evolved, potentially adding complexity across versions","Co-operative law itself can involve interplay between state and national regulatory frameworks"],"plain_english_summary":"This NSW Act governs administrative actions concerning co‑operative schemes—organisations owned and run by members—and has been in force since 17 July 2001 with amendments up to 2023. The available document contains only metadata, so the substantive rules aren’t present.\n\nIt likely affects co‑operatives, their members and regulators, and is administered by the NSW Attorney‑General. For rights or obligations under the Act, consult the full text or a lawyer."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The original 2001 Act appears designed for the Agricultural and Veterinary Chemicals co-operative scheme. However, the mechanism has expanded significantly through amendments: the 2005 addition of Water Efficiency Labelling and Standards, the 2012 addition of Marine Safety (Part 1A), and the open-ended proclamation power in section 4(2) allowing any future Act to be declared a 'relevant State Act'. The legislation has transformed from a single-purpose validation tool into a general framework for any co-operative scheme involving Commonwealth administrative action."},"complexity_factors":["Multiple nested definitions with cross-references (e.g., 'invalid administrative action' depends on 'relevant function or power' which depends on 'relevant State Act')","Conditional commencement provisions with multiple triggers (section 4 has four different commencement scenarios across subsections and proclamation mechanisms)","Retrospective operation with limitations — the Act reaches back to validate past actions but excludes finally determined court cases (section 7(2))","Constitutional law concepts embedded throughout (section 75(v) of the Constitution, legislative powers of Commonwealth Parliament, 'beyond legislative power of the State')","Temporal complexity in section 10 dealing with administrative actions 'as purportedly in force from time to time' — handling subsequent modifications, revocations, and judicial review","Interaction with multiple external statutes (Agricultural and Veterinary Chemicals Act, Water Efficiency Labelling Act, Marine Safety Act, Interpretation Act 1987)"],"plain_english_summary":"**What this law does:**\n\nThis Act is a legal \"band-aid\" that fixes a specific constitutional problem in **co-operative schemes** — arrangements where the Commonwealth (federal government) and New South Wales work together to administer the same laws.\n\n**The problem it solves:**\n\nSometimes, NSW laws try to give powers or duties to **Commonwealth authorities** (federal agencies) or **officers of the Commonwealth** (federal officials). But under Australia's Constitution, a State Parliament cannot force federal bodies to do things. This means any action taken by a federal agency under a NSW law might be **constitutionally invalid** — even if everyone acted in good faith.\n\n**What the Act does about it:**\n\n* **Validates past actions:** It declares that any \"invalid administrative action\" taken by Commonwealth bodies under these co-operative schemes is legally effective — as if a **State authority** had taken the action instead.\n* **Protects rights and liabilities:** If you relied on a decision made by a federal agency under one of these schemes, your rights are protected. The decision stands, even though technically the federal agency shouldn't have made it.\n* **Applies to specific schemes:** Currently covers:\n  * Agricultural and veterinary chemicals regulation\n  * Water efficiency labelling and standards\n  * Marine safety (Part 1A)\n  * Any other schemes added by proclamation (official government notice)\n\n**Who it affects:**\n\n* **Businesses and individuals** who have dealt with federal agencies under these co-operative schemes — their permits, approvals, and decisions remain valid\n* **Government agencies** (both state and federal) who administer these schemes\n* **Courts and tribunals** hearing disputes about decisions made under these arrangements\n\n**Why it matters:**\n\nWithout this Act, thousands of administrative decisions — licences, approvals, enforcement actions — could be challenged as unconstitutional. This creates legal certainty and allows co-operative federalism to work in practice, even when the constitutional division of powers gets messy."}},"importantCases":[],"_links":{"self":"/api/acts/co-operative-schemes-administrative-actions-act-2001","history":"/api/acts/co-operative-schemes-administrative-actions-act-2001/history","analysis":"/api/acts/co-operative-schemes-administrative-actions-act-2001/analysis","conflicts":"/api/acts/co-operative-schemes-administrative-actions-act-2001/conflicts","importantCases":"/api/acts/co-operative-schemes-administrative-actions-act-2001/important-cases","documents":"/api/acts/co-operative-schemes-administrative-actions-act-2001/documents"}}