Div 3Administrative law

Division 3—Administrative law 34—Object The object of this Division is to further the object of this Part by providing that the Commonwealth administrative laws— (a) apply to the applicable provisions of South Australia; and (b) apply, in South Australia, to the applicable provisions of another jurisdiction, as if the applicable provisions were those of the Capital Territory. 35—Application of Commonwealth administrative laws in relation to applicable provisions (1) The Commonwealth administrative laws apply as laws of South Australia in relation to any act, matter or thing arising under or in respect of the applicable provisions of South Australia as if those provisions were laws of the Commonwealth and were not laws of South Australia. (2) For the purposes of a law of South Australia, an act, matter or thing arising under or in respect of the applicable provisions of South Australia— (a) is taken to be an act, matter or thing arising under or in respect of the laws of the Commonwealth, in the same way as if those provisions were laws of the Commonwealth; and (b) is taken not to be an act, matter or thing arising under or in respect of the laws of South Australia. (3) Subsection (2) has effect for the purposes of a law of South Australia except as prescribed by regulations under section 80. 36—Application of Commonwealth administrative laws in relation to applicable provisions of other jurisdictions (1) The Commonwealth administrative laws apply as laws of South Australia in relation to any act, matter or thing arising under or in respect of the applicable provisions of another jurisdiction as if those provisions were laws of the Commonwealth and were not laws of that jurisdiction. (2) For the purposes of a law of South Australia, an act, matter or thing arising under or in respect of the applicable provisions of another jurisdiction— (a) is taken to be an act, matter or thing arising under or in respect of the laws of the Commonwealth, in the same way as if those provisions were laws of the Commonwealth; and (b) is taken not to be an act matter or thing arising under or in respect of the laws of that jurisdiction. (3) Subsection (2) has effect for the purposes of a law of South Australia except as prescribed by regulations under section 80. (4) This section does not require, prohibit, empower, authorise or otherwise provide for the doing of an act outside South Australia. 36A—Construction of references to Part 7 of Administrative Review Tribunal Act (Cwth) For the purposes of sections 35 and 36, a reference in a provision of the Administrative Review Tribunal Act 2024 of the Commonwealth (as that provision applies as a law of this jurisdiction) to the whole or any part of Part 7 of that Act is taken to be a reference to the whole or any part of that Part as it has effect as a law of the Commonwealth. 37—Functions and powers conferred on Commonwealth authorities (1) A Commonwealth administrative law applying because of section 35 that confers on an officer or authority of the Commonwealth a function or power in relation to an act, matter or thing arising under or in respect of an applicable provision of the Capital Territory also confers on the officer or authority the same function or power in relation to an act, matter or thing arising under or in respect of the corresponding applicable provision of South Australia. (2) A Commonwealth administrative law applying because of section 36 that confers on an officer or authority of the Commonwealth a function or power in relation to an act, matter or thing arising under or in respect of an applicable provision of the Capital Territory also confers on the officer or authority the same function or power in relation to an act, matter or thing arising under or in respect of the corresponding applicable provision of another jurisdiction. (3) The function or power referred to in subsection (2) may only be performed or exercised in South Australia. (4) In performing a function or exercising a power conferred by subsection (1) or (2), an officer or authority of the Commonwealth must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power in relation to an act, matter or thing arising under or in respect of the corresponding applicable provision of the Capital Territory. (5) A Commonwealth law applying because of section 35 or 36 applies as if it did not contain any provision empowering a Minister of State for the Commonwealth to give any directions in relation to the performance of a function or the exercise of a power conferred by subsection (1) or (2). 38—Reference in Commonwealth administrative law to a provision of another law A reference in a Commonwealth administrative law to a provision of that or another Commonwealth administrative law is taken for the purposes of section 35 or 36, to be a reference to that provision as applying because of that section.