New South Wales Consolidated Acts

INTERPRETATION ACT 1987 - SECT 23

23 Commencement of Acts

(1) An Act shall commence, or shall be deemed to have commenced:

(a) except as provided by paragraphs (b) and (c)-on the day occurring 28 days after the date of assent to the Act,

(b) if the Act provides for its commencement, whether by proclamation under the Act or otherwise-on the day or days specified in, or ascertained in accordance with, that provision, or

(c) if a day is appointed for its commencement by a proclamation under subsection (2)-on the day so appointed.

(2) The Governor may, by proclamation, appoint a day for the commencement of an Act that does not provide for its commencement, being a day that occurs:

(a) no earlier than the date of assent to the Act, and

(b) no later than the day occurring 28 days after the date of assent to the Act.

(3) A power to appoint by proclamation a day on which an Act shall commence does not include power to appoint a day prior to the day on which the proclamation appointing the day is published.

(4) A power to appoint by proclamation a day on which an Act shall commence does not include power to appoint different days for different portions of the Act unless express provision is made in the Act for that purpose.

(4A) A power to appoint by proclamation different days for the commencement of different portions of an Act includes the power to appoint different days for the commencement of the repeal of different portions of any previous Act or instrument repealed by a provision of the Act.

(5) A proclamation appointing a day on which an Act shall commence does not fail merely because the proclamation is not published until after that day but, in that event, the Act shall not commence on that day but shall commence:

(a) except as provided by paragraph (b)-on the day on which the proclamation is published, or

(b) in the case of a proclamation under subsection (2):

(i) on the day on which the proclamation is published, or

(ii) on the day on which the Act would have commenced had the proclamation not been made,

whichever is the earlier.

(6) An Act may be referred to by its short title (or name) even though the provision that specifies the short title (or name) has not commenced.

(7) If an Act provides for its commencement, whether by proclamation under the Act or otherwise:

(a) that provision has effect for the purposes of subsection (1) (b), and

(b) in the case of an Act that provides for its commencement by proclamation under the Act-such a proclamation may be made and shall have effect,

even though that provision has not commenced.

(8) In this section, "published" means published in the Gazette or on the NSW legislation website.