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
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Automatic repeal
History
Div 1 inserted by No 135 of 2012, s 3 and Sch 1 item 10, effective 23 September 2012.
Subdivision A
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Repeal of amending and repealing instruments
History
Subdiv A inserted by No 135 of 2012, s 3 and Sch 1 item 10, effective 23 September 2012.
SECTION 48A
Automatic repeal of amending and repealing instruments
(1)
Subject to subsection (2), this section repeals a legislative instrument or notifiable instrument whose only legal effect is to amend or repeal one or more other legislative instruments or notifiable instruments, without making any application, saving or transitional provisions relating to the amendment or repeal.
History
S 48A(1) amended by No 78 of 2018, s 3 and Sch 1 item 42, 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 48A(1) substituted by No 10 of 2015, s 3 and Sch 1 item 52, effective 5 March 2016. See note under the title of the Act. S 48A(1) formerly read:
(1)
This section repeals a legislative instrument that is made on or after the commencement of this section and whose only legal effect is to amend or repeal one or more other legislative instruments (without making any application, saving or transitional provisions relating to the amendment or repeal).
(1A)
For the purposes of subsection (1), a legislative instrument or notifiable instrument is not taken to make an application, saving or transitional provision mentioned in that subsection merely because the instrument amends another such instrument to make an application, saving or transitional provision relating to the amendment or repeal.
History
S 48A(1A) inserted by No 10 of 2015, s 3 and Sch 1 item 52, effective 5 March 2016. See note under the title of the Act.
Time of repeal
(2)
The repeal of the instrument by this section happens on the day after the latest of the following events occurs, unless the instrument has been repealed earlier by subsection 38(3) or 42(1) or (2):
(aa)
for 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)
for any legislative instrument or notifiable instrument
-
whichever of the following is applicable:
(i)
the commencement of the instrument, or of the last of its provisions to commence;
(ii)
if the last of its provisions that have not commenced are repealed, or cannot commence because of the occurrence of an event
-
that repeal, or the occurrence of that event;
(b)
for a legislative instrument to which section 42 does not apply or for a notifiable instrument
-
the registration of the instrument.
History
S 48A(2) amended by No 78 of 2018, s 3 and Sch 1 items 43-46, by substituting
"
latest of the following events occurs, unless the instrument 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
"
for any legislative instrument or notifiable instrument
-
"
before
"
whichever
"
in para (a) and inserting
"
for a legislative instrument to which section 42 does not apply or for a notifiable instrument
-
"
before
"
the registration
"
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 48A(2) substituted by No 10 of 2015, s 3 and Sch 1 item 53, effective 5 March 2016. See note under the title of the Act. S 48A(2) formerly read:
Time of repeal
(2)
The repeal of the instrument by this section happens on the day after the last occurrence of one of the following events:
(a)
the commencement of the instrument or of the last of its provisions to commence;
(b)
the registration of the instrument.
Effect of repeal
(3)
The repeal of the instrument by this section does not affect any amendment or repeal made by the instrument. 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.
(4)
History
S 48A(4) repealed by No 78 of 2018, s 3 and Sch 1 item 47, 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 48A(4) formerly read:
(4)
The repeal of the instrument by this section does not prevent section
38
or
42
from applying to the instrument after the repeal. That application does not delay the repeal of the instrument by this section.
Note:
See also subsection
45(2)
.
S 48A(4) amended by No 10 of 2015, s 3 and Sch 1 item 54, by inserting the note at the end, effective 5 March 2016. See note under the title of the Act.
History
S 48A inserted by No 135 of 2012, s 3 and Sch 1 item 10, effective 23 September 2012.