ACTS INTERPRETATION ACT 1954 - SECT 20A
Repeal does not end saving, transitional or validating effect etc.
ACTS INTERPRETATION ACT 1954 - SECT 20A
Repeal does not end saving, transitional or validating effect etc.
20A Repeal does not end saving, transitional or validating effect etc.
(1) In this section—
"Act" includes a provision of an Act.
"repeal" includes expiry.
(2) If an Act—
(a) declares a thing for a saving
or transitional purpose (whether or not the Act is expressed to be made for a
purpose of that type); or
(b) validates a thing that may otherwise be
invalid; or
(c) declares a thing for a purpose that is consequential on a
declaration mentioned in paragraph (a) or a validation mentioned in paragraph
(b) (whether or not the Act is expressed to be made for a purpose of that
type);
the declaratory or validating effect of the Act does not end merely
because of the repeal of the Act .
Example of paragraph (a)—
a provision
stating that an existing licence under a repealed law is taken to be a licence
of a particular kind under another law and authorising the imposition of
conditions under the other law
Example of paragraph (b)—
a provision declaring an instrument to have been
validly made and acts done in reliance on the instrument to have been validly
done
Examples of paragraph (c)—
1 a provision stating that a matter that is
declared valid is not justiciable
2 a provision stating that an instrument
that is declared valid is taken to have been amended in a particular way
(3) If an Act (the
"savings law" ) declares an Act (the
"declared law" ) to be a law to which this section applies—
(a) the effect
of the declared law does not end merely because of its repeal; and
(b) the
effect of the savings law does not end merely because of its repeal.
(4) A
declaration may be made for subsection (3) about an Act whether or not the Act
is a law to which subsection (2) applies.
(5) A declaration made for
subsection (3) about an Act does not imply that, in the absence of a
declaration about it, another Act is not a law to which this section applies.
(6) This section is in addition to, and does not limit, sections 19and 20,
or any provision of the law by which the repeal is made.