South Australian Consolidated Acts

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LEGISLATION REVISION AND PUBLICATION ACT 2002 - SECT 7

7—Alterations that may be made in revising legislation

        (1)         In revising legislation under this Act—

            (a)         the following may be omitted:

                  (i)         provisions setting out the arrangement of the legislation or its provisions;

                  (ii)         provisions (that have commenced) consisting of repeals, revocations, amendments or variations of legislation;

                  (iii)         saving, transitional or validation provisions that apply only to a time or event that has passed;

                  (iv)         other provisions that are spent or have expired or otherwise ceased to have effect; and

            (b)         the long title to an Act and any relevant headings may be altered so as to take account of the omission of provisions under this Act; and

            (c)         obsolete headings may be omitted; and

            (d)         if the legislation contains a minor error or would contain a minor error if consolidated in a particular way, the legislation may be expressed in a different way so as to correct or avoid the error; and

            (e)         a reference to legislation or a legislative provision for which some other legislation or provision has been substituted may be altered to a reference to the substituted legislation or provision; and

            (f)         a reference to a name, title or citation of any place, person, authority or legislation that has been changed by or under an Act or law may be altered to the name, title or citation as so changed; and

            (g)         figures that indicate a year of the 20th century may be replaced with figures that indicate a year of the 21st century if the figures relate to an act to be performed in future; and

            (h)         to achieve consistency with current practice or uniformity in style—

                  (i)         the enacting words in an Act may be altered and, where the enacting words are included in a preamble, they may be separated from the preamble; and

                  (ii)         a heading may be inserted above a preamble to indicate that it is a preamble; and

                  (iii)         the style of references to legislation or to non-legislative works may be altered; and

                  (iv)         spelling may be altered; and

                  (v)         numbering may be altered, deleted or added; and

                  (vi)         expressions of a number, year, date or time or of a quantity or measurement may be expressed differently; and

                  (vii)         an amount of money that is not expressed as an amount in decimal currency may be expressed as an amount in decimal currency if, according to the provisions of the Decimal Currency Act 1965 , it is to be read as such; and

                  (viii)         a penalty at the foot of a provision may be stated to be a maximum penalty if it is so by virtue of the Acts Interpretation Act 1915 ; and

                  (ix)         formatting or any other matter related to presentation may be altered (including, for example, the setting out of provisions, the type, the use of symbols in place of words having the same meaning, the placement of conjunctives and disjunctives and the use of capital letters, punctuation, hyphens, italics, bolding and quotation marks); and

                  (i)         alterations of a kind prescribed by regulation may be made.

        (2)         Subsection (1) does not permit alterations to legislation that would change the effect of the legislation.

        (3)         Nothing prevents the alteration or removal in the course of revision of material that appears within legislation but does not form part of the legislation for interpretation purposes (such as section headings, contents lists, notes about commencement or footnotes), nor does anything prevent the inclusion of further such material in the course of revision.

        (4)         If legislation is revised under this Act, legislative history notes must be made publicly available recording—

            (a)         the instruments by which the legislation has been amended or varied; and

            (b)         how the provisions of the legislation have been affected by those instruments; and

            (c)         relevant assent and commencement dates for those instruments; and

            (d)         the omission of provisions under this section.



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