64BValidation—appointment of non-citizens to public office

64B Validation—appointment of non-citizens to public office ***act or omission*** means an act or thing done or omitted to be done by an officer in the course of purportedly performing the functions and duties of a public office— (a) whether before, on or after the commencement of section 64A; and (b) whether or not under a power conferred by or under an Act or a subordinate instrument; ***non-citizen*** has the same meaning as in section 64A; ***officer*** means a person who was purportedly appointed to a public office by a purported appointment; ***purported appointment*** means a purported appointment of a non-citizen to a public office that was made during the period beginning on 3 March 1986 and ending immediately before section 64A came into operation. (2) A purported appointment has, and is taken to always have had, the same force and effect as it would have had if section 64A had been in operation when it was made. (3) An act or omission is not invalid, and is taken to never have been invalid, only because of the fact that, but for subsection (2), the officer was not validly and lawfully appointed. (4) Without limiting subsection (2) or (3), an act or thing done or omitted to be done— (a) in reliance, in whole or in part or directly or indirectly, on the purported appointment; and (b) whether or not under a power conferred by or under an Act or a subordinate instrument; and (c) before, on or after the commencement of section 64A— is not invalid, and is taken to never have been invalid, only because of the fact that, but for subsection (2), the officer was not validly and lawfully appointed. (5) The acts and things referred to in subsection (4) include (but are not limited to)— (a) a judgment or order of a court or an order of a tribunal; and (b) the issue of a warrant, summons or other process. (6) For the purposes of a proceeding before a court or tribunal, the fact that, but for subsection (2), an officer was not validly and lawfully appointed to the public office is to be disregarded in determining whether— (a) evidence obtained (directly or indirectly) as a result of an act or omission, ought to be admitted; or (b) a right, privilege, obligation or liability has been acquired, accrued or incurred. S. 65 inserted by No. 13/2022 s. 39.