Australian Capital Territory Consolidated Acts

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LEGISLATION ACT 2001 - SECT 75

Commencement of naming and commencement provisions

    (1)     The provisions of a law providing for its name and commencement automatically commence on its notification day.

Example

The XYZ Act 2002 was notified on 1 October 2002. It contains the following provision:

2     Commencement

This Act commences on 1 December 2002.

The provisions of the XYZ Act 2002 providing for its name and commencement commence on 1 October 2002.

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)     However, if a provision of the law commences before the law's notification day, the naming and commencement provisions are taken to have automatically commenced—

        (a)     on that commencement; or

        (b)     if 2 or more provisions of the law commence at different times before the notification day—on the earlier or earliest of the commencements.

Example

2     Commencement

(1)     This Act, other than section 9 and section 10, commences on a day fixed by the Minister by written notice.

(2)     Section 9 is taken to have commenced on 1 July 2001.

(3)     Section 10 is taken to have commenced on 1 August 2001.

The provisions of the XYZ Act 2001 providing for its name and commencement are taken to have commenced on 1 July 2001.

    (3)     In the application of this section 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.

    (4)     This section is a determinative provision.

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



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