Document ID: chunk:federal_register_of_legislation:C2004A04041:section:1990:p59
Version: federal_register_of_legislation:C2004A04041
Segment Type: section
Provision Reference: s 1990 (pt 59/212)
Character Range: 157150–159939

repeal does not:

     (a) revive anything not in force or existing at the time at which the repeal takes effect; or

     (b) affect the previous operation of any provision so repealed, or anything duly done or suffered under any provision so repealed; or

     (c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any provision so repealed; or

     (d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any provision so repealed; or

     (e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment;

and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the repeal had not taken effect.

Implied repeals etc.

"109f. A reference in section 109e to the repeal of a provision of this Law is a reference to the repeal of the originating provision concerned and includes a reference to:

   (a) such a repeal effected by implication; and

     (b) the abrogation or limitation (however effected) of the effect of the provision; and

SCHEDULE 1—continued

     (c) the exclusion (however effected) of the application of the provision to any person, subject-matter or circumstance.

Effect of expiration of provision

"109g. Where a provision of this Law expires, lapses or otherwise ceases to have effect, sections 109e and 109f apply as if the provision had been repealed.

Regard to be had to purpose or object of law

"109h. In the interpretation of a provision of this Law, a construction that would promote the purpose or object underlying the Law (whether that purpose or object is expressly stated in the Law or not) is to be preferred to a construction that would not promote that purpose or object.

Use of extrinsic material in the interpretation of this Law

"109j. (1) This section applies where, in the interpretation of a provision of this Law, any material not forming part of this Law is capable of assisting in working out the meaning of the provision.

"(2) Subject to subsection (4), consideration may be given to that material:

     (a) to confirm that the meaning of the provision is the ordinary meaning conveyed by the text of the provision taking into account its context in the Law and the purpose and object underlying the Law; or

  (b) to determine the meaning of the provision when:

       (i) the provision is ambiguous or obscure; or

         (ii) the ordinary meaning conveyed by the text of the provision, taking into account its context in the Law and the purpose or object underlying the Law, leads to a result that is manifestly absurd or is unreasonable.