LEGISLATION ACT 2001 - SECT 81 Exercise of powers between notification and commencement

LEGISLATION ACT 2001 - SECT 81

    (1)     This section applies to a power to make an appointment or statutory instrument, or to do anything else, in the following situations:

        (a)     the power is given by a law (the authorising law ) that has been notified but has not commenced;

        (b)     the power is given by a law (the authorising law ) as amended by another law (the amending law ) and the laws have been notified, but all or any of them have not commenced.

Examples—powers to which section applies

1     power to delegate a function

2     power to give or issue an approval, consent, licence, permit or other authority (however described)

3     power to make an acting appointment

4     power to issue guidelines

    (2)     To remove any doubt and without limiting subsection (1), this section applies to any of the following powers if the power is to be exercised in relation to an entity to be established by the authorising law or the authorising law as amended by the amending law:

        (a)     a power to make an appointment to the entity;

        (b)     a power to make a statutory instrument for the purposes of the entity;

        (c)     a power to do anything else in relation to the entity.

Example

This section applies to powers under an authorising law to be exercised in relation to the conduct of an election for members of a board to be established as a corporation by the authorising law.

    (3)     The power may be exercised at any time even though the authorising law, or the authorising law and amending law (or either of them), is not in force at the time.

    (4)     For the exercise of the power, the authorising law, or the authorising law and amending law, are taken to be in force at the time of the exercise of the power.

    (5)     Also, anything else may be done under the power at any time for the purpose of bringing, or in relation to bringing, the authorising law, or the authorising law as amended by the amending law, into operation.

    (6)     If an appointment or statutory instrument made under this section declares that this subsection applies to it, then, unless the appointment or instrument commences on a different date or at a different time under another provision of this chapter, the appointment or instrument commences on—

        (a)     for an appointment or statutory instrument that is a legislative instrument—the day after its notification day; or

        (b)     for any other appointment or statutory instrument—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.

    (7)     In any other case, an appointment or statutory instrument made under this section commences on the latest of the following:

        (a)     the commencement of the authorising law or, if subsection (1) (b) applies and the amending law commences after the authorising law, the commencement of the amending law;

        (b)     on the day or at the time the appointment or instrument would have commenced if it had not been made under this section.

    (8)     In the application of this section to a statutory instrument that is not a legislative instrument, a reference to the instrument being notified is a reference to the instrument being 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, to the instrument being approved.

    (9)     This section is a determinative provision.

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