You are using a version of the website built for webcrawlers and people whose devices cannot use javascript. Some functionality may not be available.
Contents (1987 - 15)
Skip contents
Interpretation Act 1987 No 15
Current version for 15 September 2015 to date (accessed 27 April 2017 at 15:11)
Part 4
Part 4 Amendments and repeals
27   Acts may be amended etc in the same session of Parliament
An Act may be amended or repealed in the same session of Parliament as that in which it was passed.
28   Repealed Acts and statutory rules not revived
An Act or statutory rule that has been repealed by some other Act or statutory rule is not revived merely because the other Act or statutory rule is subsequently amended or repealed or subsequently ceases to have effect.
29   Repealed Acts and statutory rules continue in force
If an Act or statutory rule repeals some or all of the provisions of some other Act or statutory rule and enacts new provisions in substitution for the repealed provisions, the repealed provisions continue in force until the new provisions commence.
29A   Revocation of repeal of Acts and instruments
(1)  The Governor may, by proclamation published on the NSW legislation website, revoke the repeal of an Act or instrument if the revocation of the repeal is authorised by this section. In that case, the Act or instrument is taken not to be, and never to have been, repealed.
(2)  The revocation of the repeal of an Act or instrument is authorised only if, at the time of the repeal, the Act or instrument effecting the repeal:
(a)  stated that this section applied to the repeal or otherwise authorised the Governor to revoke the repeal, or
(b)  described the repeal (in a heading or otherwise) as the repeal of redundant, spent or unnecessary Acts or instruments.
(3)  The revocation of the repeal of an Act or instrument under this section does not operate so as:
(a)  to affect in a manner prejudicial to any person (other than the State or an authority of the State) the rights of that person existing before the revocation of the repeal, or
(b)  to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the revocation of the repeal.
30   Effect of amendment or repeal of Acts and statutory rules
(1)  The amendment or repeal of an Act or statutory rule does not:
(a)  revive anything not in force or existing at the time at which the amendment or repeal takes effect, or
(b)  affect the previous operation of the Act or statutory rule or anything duly suffered, done or commenced under the Act or statutory rule, or
(c)  affect any right, privilege, obligation or liability acquired, accrued or incurred under the Act or statutory rule, or
(d)  affect any penalty incurred in respect of any offence arising under the Act or statutory rule, or
(e)  affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability or penalty,
and any such penalty may be imposed and enforced, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, as if the Act or statutory rule had not been amended or repealed.
(2)  Without limiting the effect of subsection (1), the amendment or repeal of an Act or statutory rule does not affect:
(a)  the proof of any past act or thing, or
(b)  any right, privilege, obligation or liability saved by the operation of the Act or statutory rule, or
(c)  any amendment or validation made by the Act or statutory rule, or
(d)  the operation of any savings or transitional provision contained in the Act or statutory rule.
(3)  This section applies to the amendment or repeal of an Act or statutory rule in addition to, and without limiting the effect of, any provision of the Act or statutory rule by which the amendment or repeal is effected.
(4)  In this section, a reference to the amendment or repeal of an Act or statutory rule includes:
(a)  a reference to the expiration of the Act or statutory rule,
(b)  a reference to an amendment or repeal of the Act or statutory rule effected by implication,
(c)  a reference to the abrogation, limitation or extension of the effect of the Act or statutory rule, and
(d)  a reference to:
(i)  the exclusion from the application of the Act or statutory rule, or
(ii)  the inclusion within the application of the Act or statutory rule,
of any person, subject-matter or circumstance.
30A   Transferred provisions
(1)  This section applies where a provision is transferred from an Act or statutory rule to another Act and an Act states that the provision is a transferred provision to which this section applies.
(2)  The transfer does not affect the operation (if any) or meaning of the provision, and accordingly the provision is to be construed as if it had not been so transferred.
(3)  This section applies whether or not the provision is modified, but has effect subject to any such modification.
30B   Effect of amendment of instrument by an Act
The amendment of an instrument by an Act does not prevent its later amendment or repeal by another instrument.
30C   Automatic repeal of amending Acts that have commenced
(1)  In this section:
amending Act means:
(a)  a whole Act that directly amends or repeals other Acts or instruments and that contains no other provisions apart from ancillary provisions, or
(b)  a section or subsection of an Act, a schedule or subschedule to an Act or a provision of any such schedule or subschedule that directly amends or repeals other Acts or instruments and that contains no other provisions apart from ancillary provisions.
ancillary provision of an amending Act means the long title of the Act, a preamble to the Act, a provision that specifies the short title or name of the Act, a provision that provides for the commencement of the Act, a provision that declares that notes in the Act do not form part of the Act or a provision that gives effect to or describes a schedule to the Act.
(2)  An amending Act is repealed on the day after all of its provisions have commenced (except as provided by subsection (3)).
(3)  If an amending Act commences before the date of assent, the amending Act is repealed on the day after the date of assent.
(4)  The repeal by this section of an amending Act does not, because of the operation of section 30, affect any amendment or repeal made by the amending Act.
(5)  This section does not apply to an amending Act that makes provision for the repeal of the amending Act.
(6)  This section applies only to an amending Act enacted after 1 January 2009.