This is a single section from Chapter 13. Read the full chapter here.

Have the rules that apply to amendment and repeal of legislation been considered?

The rules that apply to amending and repealing legislation should be considered when designing the transition from one legislative regime to another.

                Part 2 (sections 30 to 39) sets out rules that may apply when legislation is amended or repealed. In particular: 

  • amendments are part of, and must be construed with, the legislation amended
  • a repeal or an amendment does not affect any existing right, duty, status, or capacity (a legal position), and does not affect the validity of a past act
  • a repeal or an amendment does not affect the completion of a matter or thing relating to an existing legal position or completing an existing proceeding
  • a repeal or an amendment does not affect a liability for a past breach of legislation
  • powers exercised under repealed or amended legislation may have continuing effect
  • existing secondary legislation may continue to have effect under the new legislation applying references to new legislation not yet in force or to repealed legislation
  • references to old legislation may be a reference to the new legislation.

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