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Contents (1987 - 15)
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Interpretation Act 1987 No 15
Current version for 15 September 2015 to date (accessed 26 July 2017 at 10:30)
Part 3
Part 3 Commencement of Acts and instruments
22   References to enactment etc of Acts
(1)  In any Act or instrument, a reference to the enactment of an Act or the passing of an Act is a reference to the fact of the Act’s having received the Royal Assent.
(2)  The date purporting to be the date of assent to an Act, as appearing on a copy of the Act that has been printed by the Government Printer, is admissible in any legal proceedings as evidence of the date of assent to the Act.
23   Commencement of Acts
(1)  An Act shall commence, or shall be deemed to have commenced:
(a)  except as provided by paragraphs (b) and (c)—on the day occurring 28 days after the date of assent to the Act,
(b)  if the Act provides for its commencement, whether by proclamation under the Act or otherwise—on the day or days specified in, or ascertained in accordance with, that provision, or
(c)  if a day is appointed for its commencement by a proclamation under subsection (2)—on the day so appointed.
(2)  The Governor may, by proclamation, appoint a day for the commencement of an Act that does not provide for its commencement, being a day that occurs:
(a)  no earlier than the date of assent to the Act, and
(b)  no later than the day occurring 28 days after the date of assent to the Act.
(3)  A power to appoint by proclamation a day on which an Act shall commence does not include power to appoint a day prior to the day on which the proclamation appointing the day is published.
(4)  A power to appoint by proclamation a day on which an Act shall commence does not include power to appoint different days for different portions of the Act unless express provision is made in the Act for that purpose.
(4A)  A power to appoint by proclamation different days for the commencement of different portions of an Act includes the power to appoint different days for the commencement of the repeal of different portions of any previous Act or instrument repealed by a provision of the Act.
(5)  A proclamation appointing a day on which an Act shall commence does not fail merely because the proclamation is not published until after that day but, in that event, the Act shall not commence on that day but shall commence:
(a)  except as provided by paragraph (b)—on the day on which the proclamation is published, or
(b)  in the case of a proclamation under subsection (2):
(i)  on the day on which the proclamation is published, or
(ii)  on the day on which the Act would have commenced had the proclamation not been made,
whichever is the earlier.
(6)  An Act may be referred to by its short title (or name) even though the provision that specifies the short title (or name) has not commenced.
(7)  If an Act provides for its commencement, whether by proclamation under the Act or otherwise:
(a)  that provision has effect for the purposes of subsection (1) (b), and
(b)  in the case of an Act that provides for its commencement by proclamation under the Act—such a proclamation may be made and shall have effect,
even though that provision has not commenced.
(8)  In this section, published means published on the NSW legislation website.
24   Time of commencement of Acts and statutory rules
If an Act or statutory rule provides that it shall commence, or be deemed to have commenced, on a particular day, it shall commence, or be deemed to have commenced, at the beginning of that day.
25   References to commencement of Acts and instruments
If an Act or instrument provides that all of its provisions, with specified exceptions, shall commence, or be deemed to have commenced, at the same time, a reference in any other Act or instrument to the commencement of the firstmentioned Act or instrument shall be read as a reference to the commencement of all of its provisions, with those specified exceptions.
26   Exercise of certain powers between enactment and commencement of Acts and making and commencement of instruments
(1)  If an Act (in this section referred to as the Act concerned) that does not commence on its enactment would, had it commenced:
(a)  confer a power, or
(b)  amend some other Act in such a manner that the other Act, as amended, would confer a power,
that must or may be exercised by the making of an instrument of a legislative or administrative character, then:
(c)  such an instrument may be made, and
(d)  any thing may be done for the purpose of enabling such an instrument to be made or of bringing such an instrument into effect,
before the Act concerned commences, as if the Act concerned had commenced.
(2)  A provision of an instrument made by virtue of subsection (1) shall take effect:
(a)  on the day on which the Act concerned commences, or
(b)  on the day on which the provision would have taken effect had the Act concerned commenced when the instrument was made,
whichever is the later.
(3)  If:
(a)  this section applies to an Act that would, had it commenced, amend some other Act as referred to in subsection (1) (b), and
(b)  the other Act has not commenced,
this section has effect as if the references in subsections (1) and (2) to the commencement of the Act concerned were references to the commencement of the other Act, as amended by the Act concerned.
(4)  This section applies to an instrument that does not commence on its making in the same way as it applies to an Act that does not commence on its enactment. For that purpose, a reference in this section to an amendment of some other Act includes a reference to an amendment of some other instrument.