Victorian Consolidated Legislation

Interpretation of Legislation Act 1984 - SECT 13

Exercise of powers between passing and commencement of Act

13. Exercise of powers between passing and commencement of Act



(1) This section applies where an Act or a provision of an Act which does not
come into operation immediately on the passing of the Act will, on its coming
into operation, confer power or amend another Act so as to confer power under
the other Act as so amended to-

   (a)  make subordinate instruments or any other instruments of a legislative
        or administrative character; or

   (b)  give notices; or

   (c)  make appointments; or

   (d)  establish a body; or

   (e)  prescribe forms; or

   (f)  do any other thing-

for the purposes of that Act or provision or that other Act.

(2) Unless the contrary intention appears, the power may be exercised at any
time after the passing of the Act but its exercise does not confer a right or
impose an obligation on a person before the coming into operation of the Act
or provision except insofar as is necessary or expedient for the purpose of-

   (a)  bringing the Act or provision into operation; or

   (b)  making the Act or provision or the other Act as amended fully
        effective at or after that coming into operation.

(3) Without limiting subsection (2), an appointee may exercise a power, and a
body may meet and exercise a power, under that subsection before the coming
into operation of the Act or provision in the same manner and subject to the
same conditions or limitations (if any) and with an entitlement to payment of
the same remuneration or allowances (if any) as if the Act or provision were
in operation.

(4) For the purposes of any provision as to the duration of the term of office
of an appointee (including a member of a body), that term does not begin until
the coming into operation of the Act or provision despite the exercise of any
power under this section before that coming into operation.