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IMPERIAL ACTS APPLICATION ACT 1980 - SECT 5 Repeal

IMPERIAL ACTS APPLICATION ACT 1980 - SECT 5

Repeal

Save as aforesaid all the enactments (commencing with the Statute of Merton 20 Henry III A.D. 1235-6) in force in England at the time of the passing of the Act 9 George IV chapter LXXXIII are so far as they are in force in Victoria and so far as the Parliament of Victoria has authority to repeal them hereby repealed in and for Victoria.

Provided that where any enactment not repealed by this section has been repealed confirmed revived or perpetuated by any enactment hereby repealed such repeal confirmation revivor or perpetuation shall not be affected by the repeal effected by this section:

And the repeal by this section of any enactment shall save as hereinafter provided not affect any enactment in which such enactment has been applied incorporated or referred to:

And the repeal by this section of any enactment shall not affect the construction of any enactment not so repealed whether as regards the past or the future:

And this section shall not affect the validity invalidity effect or consequences of anything already done or suffered—or any existing status or capacity—or any right title obligation or liability already acquired accrued or incurred or any remedy or proceeding in respect thereof—or any release or discharge of or from any debt penalty obligation liability claim or demand or any indemnity—or the proof of any past act or thing:

Nor shall this section affect the validity of any marriage heretofore or hereafter celebrated or any established principle or rule or law equity or established jurisdiction form or course of pleading practice or procedure or any existing usage franchise liberty custom privilege restriction exemption office appointment payment allowance emolument or benefit notwithstanding that the same respectively may have been in any manner affirmed recognized or derived by in or from any enactment hereby repealed:

Nor shall this section revive or restore any jurisdiction office duty drawback fee payment franchise liberty custom right title privilege restriction exemption usage practice procedure or other matter or thing not now existing or in force:

Provided also and without limiting the generality of the foregoing provisos that the repeal effected by this section shall save as hereinafter provided not affect any Statute or Ordinance made in Victoria or made in New South Wales and in force in Victoria whether as regards the past or the future and that such repeal shall not prevent the recognition in Victoria of any status right title or other matter or thing elsewhere acquired under any of the enactments repealed by this section in the same circumstances and to the same extent as such recognition would have been granted or given prior to the commencement of this Act:

Provided further that the repeal effected by this section shall affect section one hundred and ninety of the Supreme Court Act 1958 so far as such section may be read as incorporating any enactment but not further or otherwise.