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LEGISLATION ACT 2001 - SECT 116

Ambit of editorial amendments

    (1)     An editorial amendment of a law is an amendment that—

        (a)     corrects a typographical error; or

        (b)     corrects or updates a reference to a law, position, entity, place or thing; or

        (c)     goes only to a matter of spelling, punctuation, grammar or syntax or the use of conjunctives and disjunctives; or

        (d)     changes the name of the law or a provision of the law; or

        (e)     numbers or renumbers a provision of the law; or

        (f)     changes the order of definitions or other provisions of the law; or

        (g)     replaces a reference to a provision of a law with a different form of reference to the provision; or

        (h)     changes the way of referring to or expressing a number, year, date, time, amount of money, penalty, quantity, measurement, or other matter, idea or concept; or

              (i)     replaces a word indicating gender or that could be taken to indicate gender in accordance with current legislative drafting practice; or

        (j)     replaces a reference to the Queen, the King or the Crown with a reference to the Sovereign or the Territory; or

        (k)     omits—

              (i)     the enacting words or the law-making words (including any signatures); or

              (ii)     a provision that consists only of a description of how the law is arranged into groups of provisions; or

              (iii)     a provision that has expired, the operation of which is exhausted or spent or that is otherwise obsolete or redundant; or

        (l)     omits, inserts or changes a referential term; or

        (m)     inserts, omits or changes a note; or

        (n)     updates a reference to the heading to a provision; or

        (o)     is consequential on any amendment made to the law by another law; or

        (p)     is consequential on any other editorial amendment (whether made to that law or another law).

Examples—consequential amendments—par (o)

1     If an amendment adds 1 or more subsections to a section that is not already divided into subsections, the subsection number (1) may be inserted.

2     If an amendment omits subsection (1) from a section with 2 subsections, the subsection number (2) may be omitted.

3     If an amendment omits subsection (2) from a series of 4 subsections (subsections (1) to (4)), subsections (3) and (4) may be renumbered as subsections (2) and (3).

4     If an amendment adds a new subsection (3A) to a series of 5 subsections (subsections (1) to (5)), the new subsection and subsections (4) and (5) may be renumbered as subsections (4), (5), and (6).

5     If an amendment omits paragraph (b) from a series of 4 paragraphs (paragraphs (a) to (d)), paragraphs (c) and (d) may be renumbered as paragraphs (b) and (c).

6     If an amendment adds a new paragraph (aa) to a series of 3 paragraphs (paragraphs (a) to (c)), the paragraphs may be renumbered as paragraphs (a), (b), (c) and (d).

7     If an amendment makes a change mentioned in any of examples 1 to 6, a cross-reference in any law to any of the provisions that have been renumbered may be correspondingly renumbered.

8     If an amendment adds a paragraph as the last paragraph in a series of paragraphs that end in a full stop, the full stop may be changed to a semicolon and, if the series of paragraphs is joined by a conjunction (eg ‘and'), the conjunction may be added after the semicolon.

9     If an amendment omits a section example from a section that has 2 section examples, the number of the remaining example may be omitted.

10     If an amendment adds a subsection note to a subsection that already has a subsection note, the notes may be numbered.

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)     In this section:

"law" includes a law of another jurisdiction.

"law of another jurisdiction"—see section 97  (1).

"referential term "means a term that identifies a provision as a provision, or part of a provision, of the Act, statutory instrument or provision in which it appears.

Examples

1     of this Act

2     of this section

3     hereof

4     said

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).



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