Document ID: chunk:federal_register_of_legislation:F2023L01061:reg:26:p1
Version: federal_register_of_legislation:F2023L01061
Segment Type: reg
Provision Reference: reg 26 (pt 1/2)
Character Range: 23240–26473

26      Effect of repeal of University legislation

       (1)    This section applies if:

(a)    University legislation (the repealing legislation) repeals other University legislation (the repealed legislation); and

(b)    the repealing legislation or other University legislation (the declaring legislation) declares that this section applies to the repeal.

       (2)    The repealed legislation is taken, for all purposes, to have been amended by the repealing legislation as if the repealing legislation amended, and did not repeal, the repealed legislation.

       (3)    Without limiting subsection (2), subsection (4) applies if:

(a)    the repealed legislation expressly or impliedly authorised or required:

(i)    the making (however described) of an appointment, decision or instrument; or

(ii)    the delegation or subdelegation of a function; or

(iii)    the giving or issue (however described) of an approval, authority, exemption, permission, permit, recommendation or anything else; or

(iv)    the doing (however described) of anything else; and

(b)    under the declaring legislation:

(i)    the appointment, decision or instrument may be made (however described); or

(ii)    the function may be delegated or subdelegated; or

(iii)    the approval, authority, exemption, permission, permit, recommendation or other thing may be given or issued (however described); or

(iv)    the thing may be done (however described);

whether by the same or a different entity.

       (4)    If this subsection applies (see subsection (3)), and immediately before the commencement of the repealing legislation anything mentioned in subsection (3) was in force under the repealed legislation, the thing continues to have effect (and may be dealt with) as if it had been made, delegated, subdelegated, given, issued, or done, (however described) under the declaring legislation.

       (5)    Also, if the repealed legislation included a transitional provision, the continuing operation of the provision is not affected only because of the repeal of the repealed legislation.

       (6)    This section applies to the repeal of the repealed legislation with any modifications prescribed by any other University legislation.

       (7)    This section is additional to, and does not limit, the Acts Interpretation Act, section 7 (Effect of repeal or amendment of Act), as applied by the Legislation Act, section 13(1)(a) (Construction of legislative instruments and notifiable instruments).

       (8)    In this section:

       transitional includes application or savings.

       transitional provision means:

(a)    a provision declared by University legislation to be a transitional provision; or

(b)    a provision expressed to be a transitional provision (for example, a provision that includes the word 'Transitional' in its heading); or

(c)    a provision made for a transitional purpose; or

(d)    a provision that makes provision consequential on a provision mentioned in paragraphs (a) to (c).
Examples of transitional provisions for paragraphs (c) and (d)

       1 a provision providing that an existing approval under repealed University legislation is taken to be a particular kind of approval