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ACTS INTERPRETATION ACT 1954 - SECT 15DA Automatic commencement of postponed law

ACTS INTERPRETATION ACT 1954 - SECT 15DA

Automatic commencement of postponed law

15DA Automatic commencement of postponed law

(1) In this section—


"assent day" means the date of assent of—
(a) if the postponed law is an Act—the Act ; or
(b) if the postponed law is a provision of an Act—the Act that enacts the provision.

"postponed law" means an Act or provision of an Act that does not commence on the assent day because a provision of an Act postpones its commencement until a day fixed under an instrument.
(2) If a postponed law has not commenced within 1 year of the assent day, it automatically commences on the next day.
(3) However, within 1 year of the assent day, a regulation may extend the period before commencement under subsection (2) to not more than 2 years of the assent day.
(4) The regulation mentioned in subsection (3) may be made under—
(a) the Act that is the postponed law; or
(b) the Act of which the postponed law is a provision; or
(c) an Act that the postponed law amends;
as if the Act mentioned in paragraph (a) , (b) or (c) included a provision that had commenced and authorised the regulation to be made.
(5) This section—
(a) only applies to a postponed law enacted after 31 December 1994; and
(b) applies to a postponed law unless an Act expressly states it does not apply.
Example—
The Hypothetical Act 1995 was assented to on 5 April 1995 and was expressed to commence on a day to be fixed by proclamation. If the Act was not commenced by 5 April 1996, it would commence on 6 April 1996 under subsection (2) unless a regulation had been made under subsection (3) extending time for commencement.