Document ID: chunk:federal_register_of_legislation:C2019C00084:section:48c
Version: federal_register_of_legislation:C2019C00084
Segment Type: section
Provision Reference: s 48C
Character Range: 104104–106425

48C  Automatic repeal of amending and repealing provisions
 (1) Subject to subsection (2), this section repeals a provision of a legislative instrument or notifiable instrument if:
 (a) the instrument is not an instrument described in subsection 48A(1); and
 (b) the only legal effect of the provision (alone or in conjunction with other provisions of the instrument) is:
 (i) to amend or repeal one or more other legislative instruments or notifiable instruments; or
 (ii) to amend the instrument containing the provision.

Time of repeal
 (2) The repeal of the provision by this section happens immediately after the latest of the following events occurs, unless the provision has been repealed earlier by subsection 38(3) or 42(1) or (2):
 (aa) if the provision is in a disallowable legislative instrument—the end of the last day on which the instrument or a provision of the instrument may be disallowed in a House of the Parliament;
 (a) if the provision is in any legislative instrument or notifiable instrument—whichever of the following is applicable:
 (i) the commencement of the provision;
 (ii) if the provision cannot commence because of the occurrence of an event—the occurrence of that event;
 (b) if the provision is in a legislative instrument to which section 42 does not apply or is in a notifiable instrument—the registration of the legislative instrument or notifiable instrument.

Effect of repeal
 (3) The repeal of the provision by this section does not affect any amendment or repeal made by the provision. This does not limit the effect of section 7 of the Acts Interpretation Act 1901 as it applies in relation to the repeal of the provision by this section because of section 13 of this Act.

Repeal of associated provisions
 (5) If subsection (1) repeals a provision of a legislative instrument or notifiable instrument, this section also repeals the following provisions:
 (a) any other provision (for example, a Schedule) of the instrument that only identifies another instrument or provision that is amended or repealed;
 (b) any other provision (for example, a Part heading) of the instrument that only identifies (or groups) provisions that are amended or repealed.
Note: See also subsection 45(2).

Subdivision D—Repeal of commencement provisions of instruments containing other matter