LEGISLATION ACT 2001 - SECT 88 Repeal does not end effect of transitional laws etc

LEGISLATION ACT 2001 - SECT 88

    (1)     The continuing operation of a transitional law or validating law is not affected only because the law is repealed.

    (2)     Subsection (1) does not apply to a law that is a transitional law or validating law because of modifications that it makes to another law.

    (3)     If a law (the savings law ) declares a law (the declared law ) to be a law to which this section applies—

        (a)     the effect of the declared law does not end only because of its repeal; and

        (b)     the effect of the savings law does not end only because of its repeal.

    (4)     A declaration may be made for subsection (3) about a law whether or not the Act is a law to which subsection (1) applies.

    (5)     A declaration made for subsection (3) about a law does not imply that, in the absence of a declaration about it, another law is not a law to which this section applies.

    (6)     This section does not limit any other provision of this chapter and is in addition to any provision of the law by which the repeal is made.

    (7)     This section is a determinative provision.

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

    (8)     To remove any doubt and without limiting section 6 (Legislation Act provisions must be applied), the application of this section to a law is not displaced only because the law is repealed and, in particular, the repeal of the law does not of itself imply an intention to displace the application of this section to the law.

    (9)     In this section:

"transitional law" means—

        (a)     a law made or expressed to be made for a transitional purpose; or

        (b)     a law that makes provision consequential on a law mentioned in paragraph (a).

Examples

1     a provision stating that an existing licence under a repealed Act is taken to be a licence of a particular kind under another Act and authorising the imposition of conditions under the other Act

2     a provision stating that a provision applies to certain applications made before the commencement of an amendment or only to applications made after the commencement of an amendment

3     a declaration made for s (3)

Note     Transitional is defined in the dictionary to include application and savings.

"validating law" means—

        (a)     a law that validates something that is or may be invalid; or

        (b)     a law that makes provision consequential on a law mentioned in paragraph (a).

Examples

1     a provision declaring an instrument to have been validly made and acts done in reliance on the instrument to have been validly done

2     a provision stating that an instrument that is declared valid is taken to have been amended in a particular way