Document ID: chunk:federal_register_of_legislation:C2019C00084:section:48a
Version: federal_register_of_legislation:C2019C00084
Segment Type: section
Provision Reference: s 48A
Character Range: 100320–102318

48A  Automatic repeal of amending and repealing instruments
 (1) Subject to subsection (2), this section repeals a legislative instrument or notifiable instrument whose only legal effect is to amend or repeal one or more other legislative instruments or notifiable instruments, without making any application, saving or transitional provisions relating to the amendment or repeal.
 (1A) For the purposes of subsection (1), a legislative instrument or notifiable instrument is not taken to make an application, saving or transitional provision mentioned in that subsection merely because the instrument amends another such instrument to make an application, saving or transitional provision relating to the amendment or repeal.

Time of repeal
 (2) The repeal of the instrument by this section happens on the day after the latest of the following events occurs, unless the instrument has been repealed earlier by subsection 38(3) or 42(1) or (2):
 (aa) for 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) for any legislative instrument or notifiable instrument—whichever of the following is applicable:
 (i) the commencement of the instrument, or of the last of its provisions to commence;
 (ii) if the last of its provisions that have not commenced are repealed, or cannot commence because of the occurrence of an event—that repeal, or the occurrence of that event;
 (b) for a legislative instrument to which section 42 does not apply or for a notifiable instrument—the registration of the instrument.

Effect of repeal
 (3) The repeal of the instrument by this section does not affect any amendment or repeal made by the instrument. 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 instrument by this section because of section 13 of this Act.

Subdivision B—Repeal of commencement instruments