Document ID: chunk:federal_register_of_legislation:C2017A00095:clause:1_503e
Version: federal_register_of_legislation:C2017A00095
Segment Type: clause
Provision Reference: sch 1 cl 503E
Character Range: 1754–3081

503E  Validation of decisions
 (1) If:
 (a) section 503A is not a valid law of the Commonwealth (in whole or in part); and
 (b) the Minister made a decision under section 501, 501A, 501B, 501BA, 501C or 501CA before the commencement of this section;
the decision is not invalid, and is taken never to have been invalid, merely because:
 (c) the Minister:
 (i) relied on; or
 (ii) had regard to; or
 (iii) failed to disclose in accordance with any applicable common law or statutory obligation;
  information that was covered, or purportedly covered, by subsection 503A(1) or (2); or
 (d) the Minister made the decision on the basis of an erroneous understanding of:
 (i) section 503A; or
 (ii) the protection that section 503A would provide against an obligation to disclose information.
 (2) However, subsection (1) does not affect rights or liabilities arising between parties to proceedings in which:
 (a) judgment is reserved by a court as at the commencement of this section; or
 (b) judgment has been delivered by a court before the commencement of this section;
and the judgment sets aside, or declares invalid, a decision made by the Minister under section 501, 501A, 501B, 501BA, 501C or 501CA.

[Minister's second reading speech made in—
House of Representatives on 21 June 2017
Senate on 16 August 2017]

(148/17)