Australian Capital Territory Consolidated Acts

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LEGISLATION ACT 2001 - SECT 75B

Retrospective commencement requires clear indication

    (1)     A law must not be taken to provide for the law (or another law) to commence retrospectively unless the law clearly indicates that it is to commence retrospectively.

Example

The XYZ Act 2003 was notified on 1 July 2003. It contains the following provision:

2     Commencement

This Act is taken to have commenced on 17 October 2001.

Section 2 clearly indicates that the Act is to commence retrospectively.

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see s 126 and s 132).

    (2)     This section is a determinative provision.

Note     See s 5 for the meaning of determinative provisions, and s 6 for their displacement.



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