Australian Capital Territory Consolidated Acts

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LEGISLATION ACT 2001 - SECT 79

Automatic commencement of postponed law

    (1)     If a postponed law has not commenced within 6 months beginning on its notification day, it automatically commences on the first day after that period.

Example

The Hypothetical Act 2001 was notified on 5 July 2001 and was expressed to commence on a day to be fixed by the Minister by written notice. If the Act had not commenced by notice on or before 4 January 2002, it would automatically commence on 5 January 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)     This section applies to a law unless it is displaced by, or under authority given by, an Act or, if the postponed law is a subordinate law or disallowable instrument, the postponed law.

    (3)     This section is a determinative provision.

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

    (4)     In this section:

"enact" includes make.

"law" means an Act, subordinate law, disallowable instrument or notifiable instrument.

Note     A reference to an Act, subordinate law, disallowable instrument or notifiable instrument includes a reference to a provision of the Act, law or instrument (see s 7, s 8, s 9 and s 10).

"notification" day , for a postponed law, means the notification day of—

        (a)     if the postponed law is a law—the law; or

        (b)     if the postponed law is a provision of a law—the law that enacts the provision.

postponed law means a law that does not commence on its notification day because a law postpones its commencement until a day or time fixed or determined by a commencement notice.



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