Legislation Act 2003

Chapter 3 - Legislative instruments and notifiable instruments  

Part 3 - Repeal of spent legislative instruments, notifiable instruments and provisions  

Division 1 - Automatic repeal  

Subdivision B - Repeal of commencement instruments  

SECTION 48B   Automatic repeal of commencement instruments  

(1)    

This section repeals a commencement instrument that provides for the commencement of one of the following (a primary law ) or a provision (a primary provision ) of one of the following:

(a) an Act;

(b) a legislative instrument or notifiable instrument.

Time of repeal

(2)    

The repeal of the commencement instrument by this section happens on the day after the later of the following events occurs:

(a) whichever of the following is applicable:

(i) the commencement (or the last commencement) the commencement instrument provides for;

(ii) if the commencement instrument provides for the commencement of a primary law, and the last of the provisions of the primary law that have not commenced are repealed - that repeal;

(iii) if the commencement instrument provides for the commencement of a primary law, and the primary law (or the last of the provisions of the primary law) cannot commence because of the occurrence of an event - the occurrence of that event;

(iv) if the commencement instrument provides for the commencement of a primary provision or primary provisions, and the primary provision (or the last of those primary provisions) is repealed, or cannot commence because of the occurrence of an event - that repeal, or the occurrence of that event;

(b) the registration of the commencement instrument.

Effect of repeal

(3)    
The repeal of the instrument by this section does not affect any commencement the instrument provides for. This does not limit the effect of section 7 of the Acts Interpretation Act 1901 as it applies in relation to the repeal of the instrument by this section because of section 13 of this Act.