Victorian Consolidated Legislation

Interpretation of Legislation Act 1984 - SECT 14

Provision as to effect of repeal etc. of Acts

14. Provision as to effect of repeal etc. of Acts



(1) Where an Act or a provision of an Act-

   (a)  is repealed; or

   (b)  expires, lapses or otherwise ceases to have effect-

any Act or provision of an Act that had been repealed by the first-mentioned
Act or provision shall not, unless the contrary intention expressly appears,
be construed as having been revived in consequence of the repeal, expiry,
lapsing or ceasing to have effect of the first-mentioned Act or provision.

(2) Where an Act or a provision of an Act-

   (a)  is repealed or amended; or

   (b)  expires, lapses or otherwise ceases to have effect-

the repeal, amendment, expiry, lapsing or ceasing to have effect of that Act
or provision shall not, unless the contrary intention expressly appears-

   (c)  revive anything not in force or existing at the time at which the
        repeal, amendment, expiry, lapsing or ceasing to have effect becomes
        operative;

   (d)  affect the previous operation of that Act or provision or anything
        duly done or suffered under that Act or provision;

   (e)  affect any right, privilege, obligation or liability acquired, accrued
        or incurred under that Act or provision;

   (f)  affect any penalty, forfeiture or punishment incurred in respect of an
        offence committed against that Act or provision; or

   (g)  affect any investigation, legal proceeding or remedy in respect of any
        such right, privilege, obligation, liability, penalty, forfeiture or
        punishment as is mentioned in paragraphs (e) and (f)-

and any such investigation, legal proceeding or remedy may be instituted,
continued or enforced, and any such penalty, forfeiture or punishment may be
imposed, as if that Act or provision had not been repealed or amended or had
not expired, lapsed or otherwise ceased to have effect.

(2A) Without limiting subsection (2), if a provision of an Act that is of a
savings or transitional nature (whether or not the Act describes it as such)
or that validates anything that is or may otherwise be invalid or that
requires a reference in an Act or subordinate instrument or other instrument
or document to, or that relates to, an entity or a class of entity to be
construed as a reference to another entity or class of entity-

   (a)  is repealed; or

   (b)  expires, lapses or otherwise ceases to have effect-

the repeal, expiry, lapsing or ceasing to have effect of that provision does
not, unless the contrary intention expressly appears, affect the operation of
the savings or transitional provision or end the validating effect of the
provision or affect the construction of that reference, as the case requires.





(3) References in subsections (1), (2) and (2A) to the repeal of an Act or of
a provision of an Act shall be construed as including references to-

   (a)  a repeal effected by implication; and

   (b)  a repeal effected by abrogating or limiting the effect of the Act or
        provision or excluding the application of the Act or provision to any
        person, subject-matter or circumstance.