Legislation Act 2003
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(1)
A required compilation event occurs for an Act, legislative instrument or notifiable instrument when:
(a) the Act or instrument is expressly amended (otherwise than under section 48C or 48D ); or
(b) in the case of a disallowable legislative instrument:
(i) a provision of the instrument is disallowed under section 42 ; or
(ii) a provision of another disallowable legislative instrument has amended a provision of the instrument, but the amending instrument, or the amending provision, is disallowed under section 42 ; or
(c) a provision of the Act or instrument is repealed under another Act or instrument (other than this Act), or because of the making of another Act or instrument; or
(d) something else happens that is prescribed by the rules for the purposes of this paragraph.
(2)
A discretionary compilation event occurs for an Act, legislative instrument or notifiable instrument when:
(a) a provision of the Act or instrument commences; or
(b) in the case of a legislative instrument or notifiable instrument - the instrument is amended by section 48C or 48D ; or
(c) the Act or instrument is modified; or
(d) the Act or instrument is impliedly amended; or
(e) a provision of the Act or instrument is repealed under another provision of that Act or instrument; or
(f) if no compilation has been registered for the Act or instrument - the text of the Act or instrument as registered otherwise ceases to show the text of the Act or instrument as in force; or
(g) if a compilation has been registered for the Act or instrument - the text of the latest registered compilation otherwise ceases to show the text of the Act or instrument as amended (if at all) and in force; or
(h) something else happens that is prescribed by the rules for the purposes of this paragraph.
Note:
Sections 48C and 48D provide for the automatic repeal of amending, repealing and commencement provisions of legislative instruments and notifiable instruments.
When an Act or instrument is amended
(3)
For the purposes of this Division, an Act or instrument is (subject to subsection (4)) amended by an Act or instrument, or a provision of an Act or instrument, when the amending Act or provision commences.
(4)
Despite any other provision of this Act, a compilation of an Act or instrument is not required to be prepared or lodged for registration to take account of a retrospective commencement of an amendment of the Act or instrument. However, such a compilation of an Act or instrument may be prepared and lodged for registration.
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