11Anticipatory exercise of powers

### 11 Anticipatory exercise of powers > *\[Section 11 Substituted by No. 39 of 1981, s. 9 \]* > > > (1)  Where a provision of an Act does not commence on the passing of the Act and that provision would, if it had commenced, confer power to – > > > > > > (a) make an instrument of a legislative or administrative character; > > > > > > > (b) give or serve a notice or other document; > > > > > > > (c) appoint a person to a specified office; > > > > > > > (d) establish a specified body of persons, whether incorporated or not; or > > > > > > > (e) do any other thing for the purposes of the Act – > > > > then, unless the contrary intention appears, the power may, notwithstanding that that provision has not commenced, but subject to [subsections (3)](#GS11@Gs3@EN) and [(4)](#GS11@Gs4@EN) , be exercised at any time after the passing of the Act to the extent that it is necessary or expedient for the purpose of bringing the Act, or specified provisions of the Act, into operation, or giving full effect to the Act, or specified provisions of the Act, when or after that provision commences. > > > (2)  Where – > > > > > > (a) a provision of an Act does not commence on the passing of the Act and the provision would, if it had commenced, amend another Act; and > > > > > > > (b) a provision of that other Act would, if the first-mentioned provision had commenced, confer power to – > > > > > > > > > > (i) make an instrument of a legislative or administrative character; > > > > > > > > > > > (ii) give or serve a notice or other document; > > > > > > > > > > > (iii) appoint a person to a specified office; > > > > > > > > > > > (iv) establish a specified body of persons, whether incorporated or not; or > > > > > > > > > > > (v) do any other thing for the purposes of that other Act – > > > > then, unless the contrary intention appears, the power may, notwithstanding that the first-mentioned provision has not commenced, but subject to [subsections (3)](#GS11@Gs3@EN) and [(4)](#GS11@Gs4@EN) , be exercised at any time after the passing of the Act in which the first-mentioned provision is contained to the extent that it is necessary or expedient for the purpose of giving full effect to that other Act, or specified provisions of that other Act, when or after the first-mentioned provision commences. > > > (3)  Where a power to make an instrument of a legislative or administrative character, or to give or serve a notice or other document, is exercised as provided in [subsection (1)](#GS11@Gs1@EN) or in [subsection (2)](#GS11@Gs2@EN) , that instrument, notice, or document shall take effect – > > > > > > (a) on the day on which the provision referred to in [subsection (1)](#GS11@Gs1@EN) or, as the case may be, the provision first-mentioned in [subsection (2)](#GS11@Gs2@EN) commences; or > > > > > > > (b) on the day on which it would have taken effect, if at the time when the instrument was made or the notice or document was served, the provision so mentioned or first-mentioned had commenced – > > > > whichever is the later. > > > (4)  Where a power to appoint a person to a specified office, or to establish a specified body of persons, is exercised as provided in [subsection (1)](#GS11@Gs1@EN) or [subsection (2)](#GS11@Gs2@EN) , the person so appointed may act in that office, or, as the case may be, the body so established may meet and perform and exercise its functions, duties, and powers, but only for a purpose referred to in [subsection (1)](#GS11@Gs1@EN) or [subsection (2)](#GS11@Gs2@EN) (whichever of those subsections is applicable).