Document ID: chunk:federal_register_of_legislation:C2024C00826:clause:1_217:p1
Version: federal_register_of_legislation:C2024C00826
Segment Type: clause
Provision Reference: sch 1 cl 217 (pt 1/2)
Character Range: 1092092–1094775

217  Exercise of powers between enactment and commencement
 (1) If a provision of this Code (the empowering provision) that does not commence on its enactment would, had it commenced, confer a power:
 (a) to make an appointment; or
 (b) to make a statutory instrument of a legislative or administrative character; or
 (c) to do another thing;
then:
 (d) the power may be exercised; and
 (e) anything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect;
before the empowering provision commences.
 (2) If a provision of an Act (the empowering provision) that does not commence on its enactment would, had it commenced, amend a provision of this Code so that it would confer a power:
 (a) to make an appointment; or
 (b) to make a statutory instrument of a legislative or administrative character; or
 (c) to do another thing;
then:
 (d) the power may be exercised; and
 (e) anything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect;
before the empowering provision commences.
 (3) If:
 (a) this Code has commenced and confers a power to make a statutory instrument (the basic instrument‑making power); and
 (b) a provision of an Act that does not commence on its enactment would, had it commenced, amend this Code so as to confer additional power to make a statutory instrument (the additional instrument‑making power);
then:
 (c) the basic instrument‑making power and the additional instrument‑making power may be exercised by making a single instrument; and
 (d) any provision of the instrument that required an exercise of the additional instrument‑making power is to be treated as made under subsection (2).
 (4) If an instrument, or a provision of an instrument, is made under subsection (1) or (2) that is necessary for the purpose of:
 (a) enabling the exercise of a power mentioned in the subsection; or
 (b) bringing an appointment, instrument or other thing made or done under such a power into effect;
the instrument or provision takes effect:
 (c) on the making of the instrument; or
 (d) on such later day (if any) on which, or at such later time (if any) at which, the instrument or provision is expressed to take effect.
 (5) If:
 (a) an appointment is made under subsection (1) or (2); or
 (b) an instrument, or a provision of an instrument, made under subsection (1) or (2) is not necessary for a purpose mentioned in subsection (4);
the appointment, instrument or provision takes effect:
 (c) on the commencement of the relevant empowering provision; or
 (d) on such later day (if any) on which,