Chapter 3
-
Legislative instruments and notifiable instruments
History
Ch 3 heading inserted by No 10 of 2015, s 3 and Sch 1 item 27, effective 5 March 2016. See note under the title of the Act.
Part 3
-
Repeal of spent legislative instruments, notifiable instruments and provisions
History
Pt 3 heading substituted from Pt 5A heading by No 10 of 2015, s 3 and Sch 1 item 50, effective 5 March 2016. See note under the title of the Act. The heading formerly read:
Part 5A
-
Repeal of spent legislative instruments and provisions
Pt 5A inserted by No 135 of 2012, s 3 and Sch 1 item 10, effective 23 September 2012.
Division 1
-
Automatic repeal
History
Div 1 inserted by No 135 of 2012, s 3 and Sch 1 item 10, effective 23 September 2012.
Subdivision C
-
Repeal of amending or repealing provisions of instruments containing other matter
History
Subdiv C heading substituted by No 10 of 2015, s 3 and Sch 1 item 56, effective 5 March 2016. See note under the title of the Act. The heading formerly read:
Subdivision C
-
Repeal of amending or repealing provisions of legislative instruments containing other matter
Subdiv C inserted by No 135 of 2012, s 3 and Sch 1 item 10, effective 23 September 2012.
SECTION 48C
Automatic repeal of amending and repealing provisions
(1)
Subject to subsection (2), this section repeals a provision of a legislative instrument or notifiable instrument if:
(a)
the instrument is not an instrument described in subsection
48A(1)
; and
(b)
the only legal effect of the provision (alone or in conjunction with other provisions of the instrument) is:
(i)
to amend or repeal one or more other legislative instruments or notifiable instruments; or
(ii)
to amend the instrument containing the provision.
History
S 48C(1) amended by No 78 of 2018, s 3 and Sch 1 item 48, by substituting
"
Subject to subsection (2), this
"
for
"
This
"
, effective 25 August 2018 and applicable in relation to a legislative instrument, or a notifiable instrument, that is made on or after 25 August 2018.
S 48C(1) amended by No 10 of 2015, s 3 and Sch 1 items 57
-
59, by inserting
"
or notifiable instrument
"
after
"
legislative instrument
"
(first occurring), omitting
"
is made on or after the commencement of this section but
"
in para (a) and substituting
"
legislative instruments or notifiable instruments
"
for
"
legislative instruments
"
in para (b)(i), effective 5 March 2016. See note under the title of the Act.
Time of repeal
(2)
The repeal of the provision by this section happens immediately after the latest of the following events occurs, unless the provision has been repealed earlier by subsection
38(3)
or
42(1)
or (2):
(aa)
if the provision is in a disallowable legislative instrument
-
the end of the last day on which the instrument or a provision of the instrument may be disallowed in a House of the Parliament;
(a)
if the provision is in any legislative instrument or notifiable instrument
-
whichever of the following is applicable:
(i)
the commencement of the provision;
(ii)
if the provision cannot commence because of the occurrence of an event
-
the occurrence of that event;
(b)
if the provision is in a legislative instrument to which section 42 does not apply or is in a notifiable instrument
-
the registration of the legislative instrument or notifiable instrument.
History
S 48C(2) amended by No 78 of 2018, s 3 and Sch 1 items 49-53, by substituting
"
latest of the following events occurs, unless the provision has been repealed earlier by subsection 38(3) or 42(1) or (2)
"
for
"
later of the following events occurs
"
, inserting para (aa) before para (a), inserting
"
if the provision is in any legislative instrument or notifiable instrument
-
"
before
"
whichever
"
in para (a), inserting
"
if the provision is in a legislative instrument to which section 42 does not apply or is in a notifiable instrument
-
"
, before
"
the registration
"
in para (b) and omitting
"
containing the provision
"
after
"
notifiable instrument
"
in para (b), effective 25 August 2018 and applicable in relation to a legislative instrument, or a notifiable instrument, that is made on or after 25 August 2018.
S 48C(2) substituted by No 10 of 2015, s 3 and Sch 1 item 60, effective 5 March 2016. See note under the title of the Act. S 48C(2) formerly read:
Time of repeal
(2)
The repeal of the provision by this section happens on the day after the last occurrence of one of the following events:
(a)
the commencement of the provision;
(b)
the registration of the instrument containing the provision.
Effect of repeal
(3)
The repeal of the provision by this section does not affect any amendment or repeal made by the provision. 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 provision by this section because of section
13
of this Act.
(4)
(Repealed by No 75 of 2018)
History
S 48C(4) repealed by No 78 of 2018, s 3 and Sch 1 item 54, effective 25 August 2018 and applicable in relation to a legislative instrument, or a notifiable instrument, that is made on or after 25 August 2018. S 48C(4) formerly read:
(4)
The repeal of the provision by this section does not prevent:
(a)
section
38
from applying after the repeal to the instrument containing the provision; or
(b)
section
42
from applying after the repeal to the provision or to the instrument containing the provision.
Neither of those applications delays the repeal of the provision by this section.
Repeal of associated provisions
(5)
If subsection (1) repeals a provision of a legislative instrument or notifiable instrument, this section also repeals the following provisions:
(a)
any other provision (for example, a Schedule) of the instrument that only identifies another instrument or provision that is amended or repealed;
(b)
any other provision (for example, a Part heading) of the instrument that only identifies (or groups) provisions that are amended or repealed.
Note:
See also subsection
45(2)
.
History
S 48C(5) inserted by No 10 of 2015, s 3 and Sch 1 item 61, effective 5 March 2016. See note under the title of the Act.
History
S 48C inserted by No 135 of 2012, s 3 and Sch 1 item 10, effective 23 September 2012.