Tasmanian Numbered Acts
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STATUTE LAW REVISION (REPEALS) ACT 2000 (NO. 27 OF 2000) - SECT 13
Savings provisions
(1) In this section local body includes any council,
drainage trust and governing body of a statutory authority, other than a State
authority, having power by law to borrow money upon the security of the
revenues of the authority;
repealed Act means an Act repealed by this Act;
State authority means a Minister and any incorporated or unincorporated body
which is established, constituted or continued by or under an Act or the royal
prerogative to administer or control a department, business or undertaking on
behalf of the State;
statutory authority means an incorporated or
unincorporated body which is established, constituted or continued by or under
an Act or under the royal prerogative, being a body which, or the governing
authority of which, wholly or partly comprises a person appointed by the
Governor, a Minister of the Crown or another statutory authority.
(2) If a repealed Act (a) appropriated or authorised the
expenditure of money from the Consolidated Fund; and
(b) authorised or
required the expenditure or application of money during any 2 or more
financial years
that money may, to the extent to which it has not
been expended or applied before the commencement of this section, be expended
or applied in accordance with the repealed Act as if it had not been repealed.
(3) The whole or any part of a tax, duty, charge, rate or impost imposed
or levied by or under a repealed Act that, immediately before the commencement
of this section, has not been paid remains payable and may be recovered as if
the repealed Act had not been repealed.
(4) The execution of any work or undertaking authorised by or under a
repealed Act that, immediately before the commencement of this section, has
not been commenced, or has been commenced but not completed, may be commenced
or completed as if the repealed Act had not been repealed.
(5) If, immediately before the commencement of this section, the whole
or any part of any loan or advance made by or under a repealed Act has not
been repaid (a) the whole or part of the loan or advance, and any
interest payable in respect of it, continues to be repayable in accordance
with the repealed Act as if it had not been repealed; and
(b) any proceedings
or remedies for the recovery of the whole or part of the loan or advance, and
any interest payable in respect of it, may be continued, taken or enforced as
if the repealed Act had not been repealed; and
(c) any securities for the
repayment of the loan or advance, and any interest payable in respect of it,
may be realised as if the repealed Act had not been repealed; and
(d) a charge
imposed on property in respect of the loan or advance continues in full force
and may be enforced as if the repealed Act had not been repealed; and
(e) any
conditions that, immediately before the commencement of this section, applied
with respect to the making or repayment of the loan or advance continue to
apply as if the repealed Act had not been repealed.
(6) The repeal of a repealed Act does not affect (a) the
vesting of any land, or any estate or interest in land, that was vested by or
under the repealed Act; or
(b) any conditions, restrictions, obligations or
trusts imposed or created by or under the repealed Act in respect of the use,
sale, disposal, leasing, mortgaging or charging of the vested land, estate or
interest.
(7) Any conditions, restrictions, obligations and trusts referred to in
subsection (6) may be enforced as if the repealed Act had not been
repealed.
(8) If, immediately before the commencement of this section, the
Governor, a State authority, a statutory authority or a local body had not
borrowed the whole or any part of money he, she or it was authorised to borrow
under a repealed Act, the Governor, State authority, statutory authority or
local body may borrow that whole or part of that money and apply it, in
accordance with the repealed Act, as if the repealed Act had not been
repealed.
(9) A payment required to be made by or under a repealed Act that,
immediately before the commencement of this section, has not been made or
completed may be made or completed as if the repealed Act had not been
repealed.
(10) Any act, matter or thing commenced under a repealed Act but not
completed immediately before the commencement of this section may be completed
as if the repealed Act had not been repealed.
(11) Any payment, act, matter or thing made lawful, valid or effectual,
or taken to be lawful, valid or effectual, by or under a repealed Act
continues to be lawful, valid or effectual to the extent it was so under the
repealed Act.
(12) The release or discharge of any person from any claim, action, suit
or proceeding by or under a repealed Act is not affected by the repeal of the
repealed Act.
(13) The repeal of a repealed Act does not indemnify against, or affect
any relief or discharge from, any disqualification, penalty, forfeiture,
incapacity or disability granted to or conferred on any person or class of
persons by the repealed Act.
(14) Any person or class of persons referred to in subsection (13)
continues to be entitled to the benefit of the indemnity, relief or discharge
granted or conferred by or under the repealed Act as if it had not been
repealed.
(15) Any proclamation in force under section 38 of the Racing and Gaming
Act 1974 immediately before the commencement of this section continues to be
in force under section 120 of the Racing and Gaming Act 1952 .
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