100Validation and transitional

### 100 Validation and transitional > [*\[Section 100 Inserted by No. 19 of 2021, s. 10, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-019#GS10@EN) > > > (1)  In this section – > > > > > ***amending Act*** means the [Validation Act 2021](/view/html/inforce/2026-04-12/act-2021-019) ; > > > > > ***relevant office*** means any of the following offices: > > > > > > > > (a) the office of Commissioner under this Act as in force immediately before the validation day; > > > > > > > > > (b) the office of President under this Act as in force immediately before the validation day; > > > > > > > > > (c) the office of Deputy President under this Act as in force immediately before the validation day; > > > > > ***relevant previous office*** means the office of additional Commissioner under section 10A of this Act as in force immediately before the validation day; > > > > > ***the 2012 amendment day*** means the day on which [section 37 of the](/view/html/inforce/2026-04-12/act-2012-042#GS37@EN) [State Service Amendment Act 2012](/view/html/inforce/2026-04-12/act-2012-042) commenced; > > > > > ***validation day*** means the day on which the amending Act commences. > > > (2)  If a person was, immediately before the 2012 amendment day, the holder of a relevant office – > > > > > > (a) the substitution, by [section 37 of the](/view/html/inforce/2026-04-12/act-2012-042#GS37@EN) [State Service Amendment Act 2012](/view/html/inforce/2026-04-12/act-2012-042) , of section 5(2) of this Act, as in force immediately before the 2012 amendment day, is not to be taken to have caused, or to ever have caused, the person to cease, or to have ceased, being the holder of the relevant office; and > > > > > > > (b) the purported performance, or purported exercise, by the person, after that day, of a function or power as the holder of the relevant office or as a member of a Full Bench of the Commission, is not to be taken to be, or to ever have been, invalid by reason of the commencement of [section 37 of the](/view/html/inforce/2026-04-12/act-2012-042#GS37@EN) [State Service Amendment Act 2012](/view/html/inforce/2026-04-12/act-2012-042) ; and > > > > > > > (c) the Commission, and a Full Bench of the Commission, is not to be taken to be, or to ever have been, invalidly constituted, after the 2012 amendment day, by reason of the commencement of [section 37 of the](/view/html/inforce/2026-04-12/act-2012-042#GS37@EN) [State Service Amendment Act 2012](/view/html/inforce/2026-04-12/act-2012-042) . > > > (3)  If a person was, on a day (***the relevant day***) before the validation day, purportedly appointed, by the Minister or the Governor, to a relevant office, then, despite any other provision of this Act – > > > > > > (a) the purported appointment of the person to the office is to be taken to be, and to have always been, a valid appointment of the person to the office; and > > > > > > > (b) the performance or exercise by the person, on or after the relevant day, of a function or power is not to be taken to be, or to ever have been, invalid by reason only that the purported appointment of the person to the office would, but for this subsection, have been invalid; and > > > > > > > (c) the Commission, and a Full Bench of the Commission, as purportedly constituted in whole or in part by the person, is not to be taken to be, or to ever have been, invalidly constituted by reason only that the appointment of the person to the office would, but for this subsection, have been invalid. > > > (4)  If a person was, on a day (***the relevant day***) before the validation day, purportedly appointed, by the Minister or the Governor, to the relevant previous office, then, despite any other provision of this Act – > > > > > > (a) the purported appointment of the person to the relevant previous office is to be taken to be, and to have always been, a valid appointment of the person to the office of Commissioner; and > > > > > > > (b) the performance or exercise by the person, on or after the relevant day, of a function or power is not to be taken to be, or to ever have been, invalid by reason only that, but for this subsection, the person would not have been validly appointed to the office of Commissioner; and > > > > > > > (c) the Commission, and a Full Bench of the Commission, as purportedly constituted in whole or in part by the person, is not to be taken to be, or to ever have been, invalidly constituted by reason only that, but for this subsection, the person would not have been validly appointed to the office of Commissioner. > > > (5)  If – > > > > > > (a) a person was, before the validation day, appointed, or purportedly appointed, to a relevant office or a relevant previous office; and > > > > > > > (b) during all or part of the period – > > > > > > > > > > (i) beginning on the day on which the appointment, or purported appointment, referred to in [paragraph (a)](#GS100@Gs5@Hpa@EN) , expired; and > > > > > > > > > > > (ii) ending immediately before the validation day – > > > > > > > > the person purported to be authorised, under a provision of this Act or the [Acts Interpretation Act 1931](/view/html/inforce/2026-04-12/act-1931-059) , to perform or exercise a function or power that a holder of the relevant office, or a holder of the relevant previous office, respectively, may perform or exercise – > > > > then, despite any provision of this Act or of the [Acts Interpretation Act 1931](/view/html/inforce/2026-04-12/act-1931-059) , the person is to be taken to have held, and to always have held, the relevant office, or the relevant previous office, respectively, during the period. > > > (6)  If, in accordance with [subsection (5)](#GS100@Gs5@EN) , a person is taken to have held the relevant office, or the relevant previous office, during a period, then, despite any other provision of this Act or of the [Acts Interpretation Act 1931](/view/html/inforce/2026-04-12/act-1931-059)  – > > > > > > (a) the purported performance or purported exercise, by the person, during the period, of a function or power is not to be taken to be, or to ever have been, invalid; and > > > > > > > (b) the Commission, and a Full Bench of the Commission, is not to be taken to have been, or to ever have been, during the period, invalidly constituted – > > > > by reason only that the person did not, but for this section, hold the relevant office, or the relevant previous office, respectively, during all or part of the period. > > > (7)  A person who was, immediately before the validation day – > > > > > > (a) the holder of the office of President under this Act as in force before the validation day is to be taken to have been, and to always have been, appointed under [section 5(2A)(a)](#GS5@Gs2A@Hpa@EN) to be a Commissioner and the President of the Commission on and from that day; and > > > > > > > (b) the holder of the office of Deputy President under this Act as in force before the validation day is to be taken to have been, and to always have been, appointed under [section 5(2A)(b)](#GS5@Gs2A@Hpb@EN) to be a Commissioner and the Deputy President of the Commission on and from that day; and > > > > > > > (c) the holder of the office of Commissioner under this Act as in force before the validation day, but not of the office of President, or Deputy President, under this Act as in force before the validation day, is to be taken to have been, and to always have been, appointed under [section 5(2A)(c)](#GS5@Gs2A@Hpc@EN) to be a Commissioner on and from that day. > > > (8)  If a person is taken under [subsection (7)](#GS100@Gs7@EN) to have been appointed to an office under this Act as in force after the validation day – > > > > > > (a) an instrument of appointment, of the person to an office under this Act before that day, that was in effect immediately before the validation day, remains in effect after that day as if a reference in that instrument to the office that the person held before the validation day were a reference to the office held by the person, by virtue of that subsection, after that day; and > > > > > > > (b) a period of appointment that is specified in the instrument of appointment by reference to a period calculated from the day on which the person was appointed to an office under this Act as in force before the validation day, is to continue to be calculated from the day on which the person was appointed to an office under this Act as in force before the validation day.