South Australia act

Administrative Decisions (Effect of International Instruments) Act 1995

In ForceSA

Jurisdiction

South Australia

Collection

act

Plain English Summary

3/10 complexity

This Act says international agreements (treaties, conventions, protocols or parts of them) only affect South Australian administrative decisions if an Act of the Commonwealth or the State gives them domestic legal force. It applies to public decision‑makers and to people seeking procedural rights; instruments that are not incorporated cannot create a legitimate expectation that decisions will follow them or that a hearing will be provided, although decision‑makers may still have regard to such instruments when relevant.

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Administrative Decisions (Effect of International Instruments) Act 1995

South Australia Administrative Decisions (Effect of International Instruments) Act 1995 An Act relating to the effect of international instruments on the making of administrative decisions.

Contents 1 Short title 2 Interpretation 3 Effect of international instruments Legislative history

The Parliament of South Australia enacts as follows: 1—Short title This Act may be cited as the Administrative Decisions (Effect of International Instruments) Act 1995. 2—Interpretation In this Act— international instrument means— (a) a treaty, convention, protocol, agreement or other instrument that is binding in international law; or (b) a part of such a treaty, convention, protocol, agreement or other instrument. 3—Effect of international instruments (1) An international instrument (even though binding in international law on Australia) affects administrative decisions and procedures under the law of the State only to the extent the instrument has the force of domestic law under an Act of the Parliament of the Commonwealth or the State. (2) It follows that an international instrument that does not have the force of domestic law under an Act of the Parliament of the Commonwealth or the State cannot give rise to any legitimate expectation that— (a) administrative decisions will conform with the terms of the instrument; or (b) an opportunity will be given to present a case against a proposed administrative decision that is contrary to the terms of the instrument. (3) However, this Act does not prevent a decision-maker from having regard to an international instrument if the instrument is relevant to the decision. Legislative history Notes • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Principal Act Year No Title Assent Commencement 1995 81 Administrative Decisions (Effect of International Instruments) Act 1995 30.11.1995 30.11.1995

Source text

Sourced from South Australian Legislation (legislation.sa.gov.au), CC BY 4.0.

1 Administrative Decisions (Effect of International Instruments) Act 1995

South Australia Administrative Decisions (Effect of International Instruments) Act 1995 An Act relating to the effect of international instruments on the making of administrative decisions.

Contents 1 Short title 2 Interpretation 3 Effect of international instruments Legislative history