Australian Capital Territory Consolidated Acts

LEGISLATION ACT 2001 - SECT 77

    (1)     If a law is expressed to commence on a day fixed or otherwise determined by a notice—

        (a)     a single day, or a time on a single day, may be fixed or determined; or

        (b)     different days or times may be fixed or determined for different provisions.

Example

The Hypothetical Act 2001 is expressed to commence on a day to be fixed by the Minister by written notice. Unless the Act has commenced automatically in accordance with section 79 (Automatic commencement of postponed law), any of the following arrangements for commencement would be possible:

(a)     a notice could fix a single day (eg 5 June 2001) for the entire Act to commence;

(b)     a notice could fix a time on a single day (eg 8 pm on 5 June 2001) for the entire Act to commence;

(c)     a notice could fix different days or times for the different provisions of the Act to commence (eg part 7, part 9 and schedule 4 commence on 5 June 2001, part 11 commences at 5 pm on 30 June 2001, and the remaining provisions of the Act commence on 1 July 2001);

(d)     a notice could fix a single day (eg 5 June 2001) or a time on a single day (eg 8 pm on 5 June 2001) for the provisions of the Act not already commenced to come into operation.

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)     A commencement notice for a law is valid even if the day or time fixed or otherwise determined by the notice happens before the notice's notification day.

    (3)     If the day or time fixed or otherwise determined by a commencement notice for a law happens on or before the notice's notification day, the law commences on the day after the notice's notification day.

    (4)     However, subsection (3) does not apply to the commencement notice if—

        (a)     the notice clearly indicates that the law is to commence at an earlier date or time; and

        (b)     the notice provides for the earlier date or time under authority given by an Act.

Example for par (a)

the commencement notice provides that the law or statutory instrument is ‘taken to have commenced' at the earlier date or time

    (5)     This section is a determinative provision.

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