Legislation Act 2003

Chapter 3 - Legislative instruments and notifiable instruments  

Part 3 - Repeal of spent legislative instruments, notifiable instruments and provisions  

Division 1 - Automatic repeal  

Subdivision D - Repeal of commencement provisions of instruments containing other matter  

SECTION 48D   Automatic repeal of commencement provisions  

(1)  


Subject to subsection (2), this section repeals a provision (a commencement provision ) of a legislative instrument or notifiable instrument, other than a commencement instrument, if the commencement provision provides solely for the commencement of one of the following (a primary law ) or a provision (a primary provision ) of one of the following:


(a) the instrument;


(b) an Act;


(c) another instrument that is a legislative instrument or notifiable instrument.

Time of repeal

(2)  


The repeal of the commencement provision by this section happens immediately after the latest of the following events occurs, unless the commencement provision has been repealed earlier by subsection 38(3) or 42(1) or (2):


(aa) if the commencement provision is in 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) if the commencement provision is in any legislative instrument or notifiable instrument - whichever of the following is applicable:


(i) the commencement (or the last commencement) the commencement provision provides for;

(ii) if the commencement provision provides for the commencement of a primary law, and the last of the provisions of the primary law that have not commenced are repealed - that repeal;

(iii) if the commencement provision provides for the commencement of a primary law, and the primary law (or the last of the provisions of the primary law) cannot commence because of the occurrence of an event - the occurrence of that event;

(iv) if the commencement provision provides for the commencement of a primary provision, and the primary provision is repealed, or cannot commence because of the occurrence of an event - that repeal, or the occurrence of that event;


(b) if the commencement provision is in a legislative instrument to which a section 42 does not apply or is in a notifiable instrument - the registration of the legislative instrument or notifiable instrument .

Effect of repeal

(3)  
The repeal of the provision by this section does not affect any commencement the provision provides for. 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 provision by this section because of section 13 of this Act.




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