Queensland Consolidated Acts

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ACTS INTERPRETATION ACT 1954 - SECT 15DA

15DA Automatic commencement of postponed law

(1) In this section—

assent day means the date of assent of—

(a) if the postponed law is an Act—the Act; or
(b) if the postponed law is a provision of an Act—the Act that enacts the provision.

postponed law means an Act or provision of an Act that does not commence on the assent day because a provision of an Act postpones its commencement until a day fixed under an instrument.

(2) If a postponed law has not commenced within 1 year of the assent day, it automatically commences on the next day.

(3) However, within 1 year of the assent day, a regulation may extend the period before commencement under subsection (2) to not more than 2 years of the assent day.

(4) The regulation mentioned in subsection (3) may be made under—

(a) the Act that is the postponed law; or
(b) the Act of which the postponed law is a provision; or
(c) an Act that the postponed law amends;

as if the Act mentioned in paragraph (a), (b) or (c) included a provision that had commenced and authorised the regulation to be made.

(5) This section—

(a) only applies to a postponed law enacted after 31 December 1994; and
(b) applies to a postponed law unless an Act expressly states it does not apply.
Example—
The Hypothetical Act 1995 was assented to on 5 April 1995 and was expressed to commence on a day to be fixed by proclamation. If the Act was not commenced by 5 April 1996, it would commence on 6 April 1996 under subsection (2) unless a regulation had been made under subsection (3) extending time for commencement.


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