South Australian Consolidated Acts South Australian Consolidated Acts16—Saving of operation of repealed, amended or expired Act
(1) Where an Act is
repealed or amended, or where an Act or enactment expires, then, unless the
contrary intention appears, the repeal, amendment or expiry does not—
(a)
revive anything not in force or existing at the time the repeal, amendment or
expiry takes effect; or
(b)
affect the operation of the repealed, amended or expired Act or enactment, or
alter the effect of the doing, suffering or omission of anything, prior to the
repeal, amendment or expiry; or
(c)
affect any right, interest, title, power or privilege created, acquired,
accrued, established or exercisable, or any status or capacity existing, prior
to the repeal, amendment or expiry; or
(d)
affect any duty, obligation, liability or burden of proof imposed, created or
incurred, or any penalty, forfeiture or punishment incurred or imposed or
liable to be incurred or imposed, prior to the repeal, amendment or expiry; or
(e)
affect any investigation, legal proceedings or remedy in respect of any such
right, interest, title, power, privilege, status, capacity, duty, obligation,
liability, burden of proof, penalty, forfeiture or punishment.
(2) Any such
investigation, legal proceedings or remedy may be instituted, continued or
enforced, and any such penalty, forfeiture or punishment may be imposed and
enforced, as if the repeal or amendment had not been effected or as if the
expired Act or enactment had not expired (as the case may be).
(2a) Where any office,
court, tribunal or body would, apart from this section, cease to exist by
reason of the repeal, amendment or expiry, then, for the purpose of
instituting, continuing or enforcing any such investigation, legal proceeding
or remedy, the office, court, tribunal, or body continues in existence (and,
if necessary, new appointments may be made to it) as if the repeal or
amendment had not been effected, or as if the expired Act or enactment had not
expired (as the case may be).
(3) Any Act or
enactment will, notwithstanding its repeal, amendment or expiry, continue in
force for the purposes of continuing and completing any act, matter or thing
commenced or in progress under that Act or enactment, if there is no
substituted Act or enactment adapted to its continuance and completion.
(4) In this
section—
"legal proceeding" includes any proceeding pursuant to an Act, enactment or
law whether of a judicial or administrative nature.