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 D
-
Repeal of commencement provisions of instruments containing other matter
History
Subdiv D heading substituted by No 10 of 2015, s 3 and Sch 1 item 62, effective 5 March 2016. See note under the title of the Act. The heading formerly read:
Subdivision D
-
Repeal of commencement provisions of legislative instruments containing other matter
Subdiv D inserted by No 135 of 2012, s 3 and Sch 1 item 10, effective 23 September 2012.
SECTION 48D
Automatic repeal of commencement provisions
(1)
Subject to subsection (2), this section repeals a provision (a
commencement provision
) of a legislative instrument or notifiable instrument, other than a commencement instrument, if the commencement provision provides solely for the commencement of one of the following (a
primary law
) or a provision (a
primary provision
) of one of the following:
(a)
the instrument;
(b)
an Act;
(c)
another instrument that is a legislative instrument or notifiable instrument.
History
S 48D(1) amended by No 78 of 2018, s 3 and Sch 1 item 55, 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 48D(1) substituted by No 10 of 2015, s 3 and Sch 1 item 63, effective 5 March 2016. See note under the title of the Act. S 48D(1) formerly read:
(1)
This section repeals a provision of a legislative instrument if:
(a)
the instrument is made on or after the commencement of this section but is not an instrument described in subsection
48B(1)
; and
(b)
the provision provides solely for the commencement of the instrument, another legislative instrument or an Act or the commencement of a provision of the instrument, another legislative instrument or an Act.
Time of repeal
(2)
The repeal of the commencement provision by this section happens immediately after the latest of the following events occurs, unless the commencement provision has been repealed earlier by subsection
38(3)
or
42(1)
or (2):
(aa)
if the commencement 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 commencement provision is in any legislative instrument or notifiable instrument
-
whichever of the following is applicable:
(i)
the commencement (or the last commencement) the commencement provision provides for;
(ii)
if the commencement provision 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 provision 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 provision provides for the commencement of a primary provision, and the primary provision is repealed, or cannot commence because of the occurrence of an event
-
that repeal, or the occurrence of that event;
(b)
if the commencement provision is in a legislative instrument to which a section 42 does not apply or is in a notifiable instrument
-
the registration of the legislative instrument or notifiable instrument .
History
S 48D(2) amended by No 78 of 2018, s 3 and Sch 1 items 56-60, by substituting
"
latest of the following events occurs, unless the commencement 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 commencement provision is in any legislative instrument or notifiable instrument
-
"
before
"
whichever
"
inpara (a), inserting
"
if the commencement provision is in a legislative instrument to which a section 42 does not apply or is in a notifiable instrument
-
"
before
"
the registration
"
in para (b) and omitting
"
containing the commencement provision
"
after
"
legislative instrument or 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 48D(2) substituted by No 10 of 2015, s 3 and Sch 1 item 64, effective 5 March 2016. See note under the title of the Act. S 48D(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 (or the last commencement) the provision provides for;
(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 commencement the provision 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 provision by this section because of section
13
of this Act.
History
S 48D inserted by No 135 of 2012, s 3 and Sch 1 item 10, effective 23 September 2012.