LEGISLATION ACT 2001 - SECT 73 General rules about commencement
LEGISLATION ACT 2001 - SECT 73
General rules about commencement(1) An Act commences—
(a) on the day after its notification day; or
(b) if the Act or another Act provides for a different date or time of commencement—on that date or at that time.
(2) A legislative instrument commences—
(a) on the day after its notification day; or
(b) if an Act or the instrument provides for a later date or time of commencement—on that date or at that time; or
(c) if an Act provides for an earlier date or time of commencement—on that date or at that time; or
(d) if the instrument, under authority given by an Act, provides for an earlier date or time—on that date or at that time.
(3) Without limiting subsection (2), if a legislative instrument is notified on a day after the day or time provided by the instrument for its commencement, and subsection (2) (c) or (d) does not apply to the instrument—
(a) the instrument is valid; but
(b) the instrument commences on the day after its notification day.
(4) A statutory instrument that is not a legislative instrument commences—
(a) on 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; or
(b) if an Act or the instrument provides for a later date or time of commencement—on that date or at that time; or
(c) if an Act provides for an earlier date or time of commencement—on that date or at that time; or
(d) if the instrument, under authority given by an Act, provides for an earlier date or time—on that date or at that time.
(5) This section is subject to the following sections:
(a) section 75 (Commencement of naming and commencement provisions);
(b) section 76 (Non-prejudicial provision may commence retrospectively);
(c) section 79 (Automatic commencement of postponed law);
(d) section 79A (Commencement of amendment of uncommenced law);
(e) section 81 (Exercise of powers between notification and commencement).
(6) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement.