Legislation Act 2003

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.

Pt 4 heading substituted from Pt 6 heading by No 10 of 2015, s 3 and Sch 1 item 67, effective 5 March 2016. See note under the title of the Act. The heading formerly read:

Part 6 - Sunsetting of legislative instruments

S 50(3) amended by No 10 of 2015, s 3 and Sch 1 items 69 and 70, by substituting " Part 3 (repeal of spent legislative instruments, notifiable instruments and provisions) " for " Part 5A " and " Part 3 " for " Part 5A " in the note, effective 5 March 2016. See note under the title of the Act.

S 50 substituted by No 135 of 2012, s 3 and Sch 1 item 13, effective 23 September 2012. S 50 formerly read:

SECTION 50 The sunsetting of legislative instruments to which this Part applies  
Principal legislative instruments made before commencing day

(1)
Subject to subsection 51(1) , if a legislative instrument to which this Part applies (the principal legislative instrument ):

(a) is made before the commencing day and does not amend an earlier legislative instrument that continues in force after the making of the principal legislative instrument; and

(b) is required to be lodged for registration before a day (the deadline day ) determined in accordance with section 29 ;

then:

(c) the principal legislative instrument; and

(d) the provisions of any other legislative instrument (whether or not made before the commencing day) that amend, or otherwise affect the operation of, the principal legislative instrument;

as in force immediately before whichever of 1 April or 1 October falls on, or next follows, the tenth anniversary of the deadline day, cease to be in force on that 1 April or 1 October as if they had been repealed by another legislative instrument.

Principal legislative instruments made on or after commencing day

(2)
Subject to subsection 51(1) , if a legislative instrument to which this Part applies (the principal legislative instrument ) is made on or after the commencing day and does not amend an earlier legislative instrument that continues in force after the making of the principal legislative instrument, then:

(a) the principal legislative instrument; and

(b) the provisions of any other legislative instrument that amend, or otherwise affect the operation of, the principal legislative instrument;

as in force immediately before whichever of 1 April or 1 October falls on, or next follows, the tenth anniversary of the day of commencement of the principal legislative instrument, cease to be in force on that 1 April or 1 October as if they had been repealed by another legislative instrument.

Partially amending legislative instruments

(3)
Subject to subsection 51(1) , if a legislative instrument to which this Part applies (the partially amending legislative instrument ) contains:

(a) provisions that amend an earlier legislative instrument that continues in force after the making of the partially amending legislative instrument; and

(b) other provisions that do not amend an earlier legislative instrument;

then:

(c) the provisions of the partially amending legislative instrument that do not amend an earlier legislative instrument; and

(d) the provisions of any other legislative instrument that amend, or otherwise affect, the operation of the provisions referred to in paragraph (c);

as in force immediately before whichever of 1 April or 1 October falls on, or next follows, the tenth anniversary of a day (the critical day ) in relation to the partially amending legislative instrument, determined in accordance with subsection (4), cease to be in force on that 1 April or 1 October as if they had been repealed by another legislative instrument.

(4)
For the purposes of subsection (3):

(a) if a partially amending legislative instrument is made before the commencing day - the critical day in relation to that instrument is the day on which, under section 29 , it is required to be lodged for registration; and

(b) if a partially amending legislative instrument is made on or after the commencing day - the critical day in relation to that instrument is the day of commencement of the provisions that do not amend an earlier legislative instrument.

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History

S 50(4) amended by No 98 of 2011, s 3 and Sch 2 item 2, by substituting " day of commencement " for " date of commencement " , applicable in relation to a legislative instrument that is in force (or a provision of which is in force) on or after 16 September 2011, whether the instrument was made before, on or after that day.

Multiple days of commencement

(5)
If a principal legislative instrument referred to in subsection (2) has 2 or more days of commencement, then, for the purposes of that subsection, the day of commencement of that instrument is the earliest of those days.

(6)
If the provisions of a partially amending legislative instrument referred to in subsection (3) that do not amend an earlier legislative instrument have 2 or more days of commencement then, for the purposes of subsection (4), the day of commencement of those provisions is the earliest of those days.

Legislative instruments with retrospective commencement

(7)
If a day of commencement of a legislative instrument, or of a provision of a legislative instrument, made on or after the commencing day is before the day on which the instrument is registered, this section applies as if a reference to that day of commencement were a reference to the day on which the instrument is registered.

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History

S 50(7) inserted by No 98 of 2011, s 3 and Sch 1 item 3, applicable in relation to a legislative instrument that is in force (or a provision of which is in force) on or after 16 September 2011, whether the instrument was made before, on or after that day.