Acts Interpretation Amendment Act 2011 (46 of 2011)

Schedule 1   Main amendments

Acts Interpretation Act 1901

9   Section 4

Repeal the section, substitute:

4 Exercise of powers between enactment and commencement of Act

Application of section

(1) This section applies if an Act is enacted and at a time (the start time ) after its enactment the Act will confer power to make an appointment, or to make an instrument of a legislative or administrative character (including rules, regulations or by-laws), because:

(a) the Act will commence at the start time; or

(b) the Act will be amended at the start time by an Act that has been enacted and that commences at that time.

Exercise of power before start time

(2) The power may be exercised before the start time as if the relevant commencement had occurred.

(3) Anything may be done before the start time for the purpose of enabling the exercise of the power, or of bringing the appointment or instrument into effect, as if the relevant commencement had occurred.

(4) The exercise of a power under subsection (2) does not confer a power or right or impose an obligation on a person before the relevant commencement except so far as is necessary or convenient for the purpose of:

(a) bringing the appointment or instrument into effect; or

(b) bringing the Act conferring power into operation; or

(c) making the Act conferring power fully effective at or after the start time.

(5) An appointment, or a provision of an instrument, made under subsection (2) takes effect at the start time or a later time specified in the appointment or instrument.

One instrument may rely on subsection (2) and existing power

(6) To avoid doubt, a single instrument may be made before the start time partly under subsection (2) and partly under a power already conferred by an Act.

Extended application to provisions of an Act

(7) Subsections (1) to (6) also apply in relation to a provision of an Act in the same way as they apply in relation to an Act.