Document ID: chunk:federal_register_of_legislation:C2023C00324:clause:1_169
Version: federal_register_of_legislation:C2023C00324
Segment Type: clause
Provision Reference: sch 1 cl 169
Character Range: 122448–123848

169  Savings—displacement of subsection 12(2) of the Legislative Instruments Act 2003
(1) This item applies to a provision of an Act (the displacing provision) enacted before the commencement of this Schedule that, before that commencement, had the effect of displacing the operation of subsection 12(2) of the Legislative Instruments Act 2003 by enabling a legislative instrument to be made that would commence before the date of the registration of the instrument under that Act.
Example: Subsection 285(4) of the Australian Securities and Investments Commission Act 2001 provides that "Despite subsection 12(2) of the Legislative Instruments Act 2003, regulations made for the purposes of this section may be expressed to take effect from a date before the regulations are registered under that Act.". This is a displacing provision.
(2) On and after the commencement of this Schedule, the displacing provision is to be read as if it provided that subsection 12(2) of the Legislation Act 2003 does not apply in relation to the legislative instrument.
Note 1: The Legislative Instruments Act 2003 is renamed by this Act as the Legislation Act 2003.
Note 2: Generally, subsection 12(2) of that Act as amended by Part 1 of this Schedule provides that a provision of a legislative instrument or notifiable instrument does not apply retrospectively to the extent that it would have an adverse effect.