Victorian Consolidated Legislation

Interpretation of Legislation Act 1984 - SECT 28

Provisions as to effect of repeal etc. of subordinate instruments

28. Provisions as to effect of repeal etc. of subordinate instruments



(1) Where a subordinate instrument or a provision of a subordinate instrument-

   (a)  is repealed; or

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

any subordinate instrument or provision of a subordinate instrument that had
been repealed by the first-mentioned subordinate instrument or provision shall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 subordinate instrument or provision.

(2) Where a subordinate instrument or a provision of a subordinate instrument-

   (a)  is repealed or amended; or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
subordinate instrument 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 subordinate instrument or
        provision or anything duly done or suffered under that subordinate
        instrument or provision;

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

   (f)  affect any penalty, forfeiture or punishment incurred in respect of
        any offence committed against that subordinate instrument 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imposed, as if that subordinate instrument or provision had not been repealed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 a subordinate
instrument that is of a savings or transitional nature (whether or not the
subordinate instrument describes it as such) or that validates anything that
is or may otherwise be invalid or that requires a reference in a subordinate
instrument or Act 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 a subordinate
instrument or of a provision of a subordinate instrument 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
        subordinate instrument or provision or excluding the application of
        the subordinate instrument or provision to any person, subject-matter
        or circumstance.