Victorian Consolidated Legislation

Instruments Act 1958 - SECT 2

Repeal and savings

2. Repeal and savings



(1) The Acts mentioned in the First Schedule to the extent thereby expressed
to be repealed are hereby repealed accordingly.

(2) Except as in this Act expressly or by necessary implication provided-

   (a)  all persons things and circumstances appointed or created by or under
        any of the repealed Acts or existing or continuing under any of such
        Acts immediately before the commencement of this Act shall under and
        subject to this Act continue to have the same status operation and
        effect as they respectively would have had if such Acts had not been
        so repealed;

   (b)  in particular and without affecting the generality of the foregoing
        paragraph, such repeal shall not disturb the continuity of status
        operation or effect of any mortgage lien pledge bill of exchange or
        sale bond guarantee security contract agreement policy promise
        representation assurance assignment transfer sale power of attorney
        writ judgment proceeding claim notice registration filing caveat or
        instrument condition fee liability or right made effected issued
        granted given presented passed fixed accrued incurred or acquired or
        existing or continuing by or under any of such Acts before the
        commencement of this Act; nor shall such repeal make applicable to any
        bill of sale assignment transfer lien mortgage deed power of attorney
        or contract agreement or token of sale and purchase any provision of
        this Act to which the corresponding previous enactment was
        inapplicable immediately before the commencement of this Act.

(3) The following Acts and enactment namely-

Instruments (Insurance Contracts) Act 1936; Part III of the Companies Act
1938;

Industrial Life Assurance Act 1938; Instruments (Insurance Contracts) Act
1939; Ordinary Life Assurance Act 1940; Industrial Life Assurance Act 1940;
Instruments (Insurance Contracts) Act 1943- shall, notwithstanding the repeal
thereof by this Act or otherwise, nevertheless continue in operation so that
the rights powers and privileges under any such Act or enactment of the owner
or persons entitled to the benefit of any policy issued thereunder prior to
the commencement of the Commonwealth Act known as the Life Insurance Act 1945
shall not be prejudicially affected.

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