Western Australian Consolidated Acts

SUPREME COURT ACT 1935 - SECT 3

3 .         Repeal and savings

                The Acts mentioned in the First Schedule are hereby repealed to the extent therein stated:

                Provided that, subject as in this Act otherwise expressly provided, and to the provisions of section 16 of the Interpretation Act 1918 ² : — 

            (a)         Nothing in this repeal shall affect any proclamation published, Order in Council, rule, order or regulation made, commission issued, direction given, or thing done, under any enactment repealed by this Act; and every such proclamation, Order in Council, rule, order, regulation, commission or direction shall continue in force, and shall have effect as if published, made, issued, or given under this Act.

            (b)         Any person holding office, or serving, or deemed to be serving under any Act or enactment repealed by this Act, shall continue in office or service as if he had been appointed under this Act, and nothing in this repeal shall affect the terms and conditions on and subject to which any person held office immediately before the commencement of this Act.

            (c)         Save as therein otherwise expressly provided, nothing in this Act — 

                  (i)         shall affect the operation of any enactment which is in force at the commencement of this Act, and is not expressly repealed by this Act:

                  (ii)         shall be construed to take away, lessen, or impair any jurisdiction, power, or authority (judicial or ministerial) which is now vested in or capable of being exercised by the Supreme Court, or any one or more of the judges thereof:

                  (iii)         shall affect the operation of any rules of court in force at the commencement of this Act, or, subject to the rules of court, any practice or procedure of the Court, or any practice or usage of or connected with any of the offices of the Court, or the officers thereof, in force at the commencement of this Act.

            (d)         All actions, matters and proceedings commenced under any Act or enactment repealed by this Act, and pending or in progress at the commencement of this Act may be continued, completed and enforced under this Act.