Australian Capital Territory Consolidated Acts

LEGISLATION ACT 2001 - SECT 89

    (1)     An amending law is automatically repealed on the day after—

        (a)     all of its provisions have commenced; or

        (b)     the last of its provisions that have not commenced are omitted or cannot commence.

Example—provision that can no longer commence

The ABC Act 2005 includes a provision that amends the XYZ Act 2000 . Before the provision commences, the XYZ Act 2000 is repealed. The provision can, therefore, no longer commence.

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    (2)     An appropriation Act is automatically repealed on the last day of the financial year for which it makes appropriations.

    (3)     An amending provision of a law is automatically repealed immediately after all of the amendments and repeals made by it (or to which it relates) have commenced.

    (4)     A commencement provision of a law is automatically repealed immediately after all of the provisions of the law have commenced.

    (5)     A commencement notice is automatically repealed on the day after the day, or the last of the days, fixed or otherwise determined by the notice for the commencement of a law.

    (6)     If an instrument making, or evidencing, an appointment (including an acting appointment) is a legislative instrument, the instrument is automatically repealed—

        (a)     on the day the appointment ends; or

        (b)     if the instrument makes 2 or more appointments that end on different days—on the day the last-ending appointment ends.

    (7)     A repeal under this section has effect for all purposes, including, for example, any other provisions of this chapter about repeals.

    (8)     If apart from this subsection a law would be automatically repealed on a day that is earlier than its notification day, the law is instead automatically repealed on the day after its notification day.

    (9)     In the application of subsection (8) to a statutory instrument that is not a legislative instrument, a reference to the instrument's notification day is a reference to the day after the day it is made or, if it is required under an Act or statutory instrument to be approved (however described) by the Executive, a Minister or any other entity, the day after the day it is approved.

    (10)     This section does not limit any other provision of this chapter.

    (11)     This section is a determinative provision.

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

    (12)     In this section:

"amend" does not include modify.

amending law means a law that consists only of provisions of the following kinds:

        (a)     for an Act—the Act's long title;

        (b)     a preamble or recital (however described);

        (c)     a provision about the law's name;

        (d)     a provision about the law's commencement;

        (e)     a provision about the purposes of the law or any of its provisions;

Example

an objects provision

        (f)     a provision about the effect of notes;

Note     A note itself is not part of an Act or statutory instrument (see s 127).

        (g)     a provision providing for the amendment or repeal of a law (including a provision identifying the amended or repealed law);

        (h)     a provision declaring a law to be a law to which section 88 (Repeal does not end effect of transitional laws etc) applies;

              (i)     a provision about the renumbering of a law;

        (j)     a provision authorising or requiring something to be done under chapter 11 (Republication of Acts and statutory instruments).

"amending provision", of a law, means a provision of the law that only amends or repeals a law, and includes—

        (a)     any other provision (for example, a schedule) of the law that only identifies the law amended or repealed; and

        (b)     any other provision (for example, a part heading) of the law that only identifies (or groups) provisions that are amended or repealed.

"appropriation Act"—see the Financial Management Act 1996 , dictionary.

"commencement provision", of a law, means a provision of the law that only provides for the commencement of the law.

Example 1—s 89

The Hypothetical Amending Act 2002 repeals and amends a number of Acts. The Act contains the following provisions:

              •     a long title

              •     a provision about the Act's name

              •     a provision about the Act's commencement

              •     repealing provisions (that is, a provision stating that the Act repeals the Acts mentioned in sch 1 and a schedule (sch 1) setting out the names of the repealed Acts)

              •     amending provisions (that is, a provision stating that the Act amends the Acts mentioned in sch 2 and a schedule (sch 2) setting out the amended Acts and the amendments of them)

              •     a provision about the application of this Act, s 88 (Repeal does not end effect of transitional laws etc) to a provision being repealed

              •     a provision requiring an amended Act (the XYZ Act 1990 ), or a provision of the XYZ Act 1990 , to be renumbered in the next republication of the Act under this Act.

The Act contains no other provisions. Its repealing provisions, and its other provisions apart from the naming provision, the commencement provision and the amending provisions, commence on the day after its notification day, 22 March 2002. Its amending provisions commence on a date fixed by the Minister by written notice, 12 April 2002. The Act is automatically repealed under s 89 on the day after all of its provisions have commenced, 13 April 2002.

Example 2—s 89

The Example Act 2001 contains provisions establishing a new licensing scheme. It also amends several Acts and repeals others. Because it contains the scheme provisions, it is not an amending law covered by s (1). It is, therefore, not automatically repealed under s 89.

Example 3—s 89—see s (12), def amending provision

The Plant Diseases Act 2003 (hypothetical), pt 6 is as follows:

Part 6     Repeals and consequential amendment

42     Repeal of Plant Diseases Act 1934

The Plant Diseases Act 1934 A1934-21 is repealed.

43     Repeal of Plant Diseases Regulation 1938

The Plant Diseases Regulation 1938 (made on 11 February 1938) is repealed.

44     Administrative Decisions (Judicial Review) Act 1989, schedule 1, new item 6

insert

6     This Act does not apply to decisions of the Minister under the Plant Diseases Act 2003 , part 3 (Measures for the control of diseases and pests).

Under the definition of "amending provision", the heading to pt 6, as well as the contents of pt 6, are automatically repealed under s 89.

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).