Document ID: chunk:federal_register_of_legislation:C2024C00224:section:228:p1
Version: federal_register_of_legislation:C2024C00224
Segment Type: section
Provision Reference: s 228 (pt 1/3)
Character Range: 715554–718048

228  Past act

Definition
 (1) This section defines past act.

Acts before 1 July 1993 or 1 January 1994
 (2) Subject to subsection (10), if:
 (a) either:
 (i) at any time before 1 July 1993 when native title existed in relation to particular land or waters, an act consisting of the making, amendment or repeal of legislation took place; or
 (ii) at any time before 1 January 1994 when native title existed in relation to particular land or waters, any other act took place; and
 (b) apart from this Act, the act was invalid to any extent, but it would have been valid to that extent if the native title did not exist;
the act is a past act in relation to the land or waters.

Options exercised on or after 1 January 1994 etc.
 (3) Subject to subsection (10), an act that takes place on or after 1 January 1994 is a past act if:
 (a) it would be a past act under subsection (2) if that subsection were not limited in its application to acts taking place before a particular day; and
 (b) it takes place:
 (i) in exercise of a legally enforceable right created by the making, amendment or repeal of legislation before 1 July 1993 or by any other act done before 1 January 1994; or
 (ii) in giving effect to, or otherwise because of, an offer, commitment, arrangement or undertaking made or given in good faith before 1 July 1993, and of which there is written evidence created at or about the time the offer, commitment, arrangement or undertaking was made; and
 (c) the act is not the making, amendment or repeal of legislation.

Extensions, renewals etc.
 (4) Subject to subsections (6) and (10), an act (the later act) that takes place on or after 1 January 1994 is a past act if:
 (a) the later act would be a past act under subsection (2) if that subsection were not limited in its application to acts taking place before a particular day; and
 (b) an act (the earlier act) that is a past act because of any subsection of this section (including because of another application of this subsection) took place before the later act; and
 (c) the earlier act created interests in a person and the later act creates interests in:
 (i) the same person; or
 (ii) another person who has acquired the interests of the first person (by assignment, succession or otherwise);
  in relation to the whole or part of the land or waters to which the earlier act relates; and
 (d) the interests created by the later act take effect before or immediately after the interests created by the earlier act cease