Acts Interpretation Amendment Act 2011 (46 of 2011)

Schedule 1   Main amendments

Acts Interpretation Act 1901

69   After subsection 33(3)

Insert:

(3AA) If a condition (the ongoing condition ):

(a) must be satisfied before the making, granting or issuing of an instrument; and

(b) is capable of ceasing to be satisfied after the making, granting or issuing of the instrument;

subsection (3) has effect, in relation to the repeal, rescission or revocation of the instrument, as if the reference to like conditions (to the extent that the reference relates to the ongoing condition) were a reference to the ongoing condition ceasing to be satisfied.

Example: A Minister may give a person a written permission if, among other things, the Minister is satisfied the person is of good character.

This condition is capable of ceasing to be satisfied after the giving of the permission.

The Minister may repeal, rescind or revoke the permission in the like manner if the Minister ceases to be satisfied that the person is of good character.