LEGISLATION ACT 2001 - SECT 94 Continuance of appointments etc made under amended provisions

LEGISLATION ACT 2001 - SECT 94

    (1)     This section applies if—

        (a)     a law expressly or impliedly authorises or requires—

              (i)     the making of an appointment or statutory instrument; or

              (ii)     the delegation of a function; or

              (iii)     the issue of a licence or permit (however described); or

              (iv)     the doing (however described) of anything else; and

        (b)     the law is amended by another law; and

        (c)     under the amended law—

              (i)     the appointment or statutory instrument may be made; or

              (ii)     the function may be delegated; or

              (iii)     the licence or permit may be issued; or

              (iv)     the thing may be done;

whether by the same or a different entity.

Examples—par (a) (iv)

1     the giving of an approval, consent or permission

2     the making of a recommendation

    (2)     An appointment, statutory instrument, delegation, licence, permit or anything else mentioned in subsection (1) that was in force immediately before the commencement of the amendment continues to have effect as if it had been made, issued or done (however described) under the amended 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:

amend includes omit and re-enact in the same law (with or without changes), but does not include omit and re-enact in another law.

"appointment" includes acting appointment.