SCHEDULE 1 - Savings and transSCHEDULE 1 - Savings and transitional provisions

# SCHEDULE 1 - Savings and trans SCHEDULE 1 - Savings and transitional provisions > **1.   **Savings and transitional – section 4**** > > > [Section 4](#GS4@EN) as amended by [section 4 of the](/view/html/inforce/2026-04-12/act-1981-039#GS4@EN) [Acts Interpretation Amendment Act 1981](/view/html/inforce/2026-04-12/act-1981-039) applies in the interpretation and construction of regulations that – > > > > > > (a) are in operation at the commencement of the lastmentioned section; or > > > > > > > (b) take effect after that commencement. > **2.   **Savings and transitional – section 5**** > > > [Section 5](#GS5@EN) as amended by [section 5 of the](/view/html/inforce/2026-04-12/act-1981-039#GS5@EN) [Acts Interpretation Amendment Act 1981](/view/html/inforce/2026-04-12/act-1981-039) applies to a reference to an Act that – > > > > > > (a) is in operation at the commencement of the lastmentioned section; or > > > > > > > (b) comes into operation at that commencement – > > > > and whether the reference is contained in an Act passed before or after that commencement. > **3.   **Savings and transitional – section 7**** > > > [Section 7](#GS7@EN) as substituted by [section 6 of the](/view/html/inforce/2026-04-12/act-1981-039#GS6@EN) [Acts Interpretation Amendment Act 1981](/view/html/inforce/2026-04-12/act-1981-039) applies to a reference to the expression "prescribed" where the expression appears in an Act – > > > > > > (a) passed before and in force at the commencement of the lastmentioned section; or > > > > > > > (b) passed after that commencement. > **4.   **Savings and transitional – section 7A**** > > > [Section 7A](#GS7A@EN) as substituted by [section 7 of the](/view/html/inforce/2026-04-12/act-1981-039#GS7@EN) [Acts Interpretation Amendment Act 1981](/view/html/inforce/2026-04-12/act-1981-039) applies to and in relation to an Act that – > > > > > > (a) is in operation at the commencement of the lastmentioned section; or > > > > > > > (b) comes into operation after that commencement. > **5.   **Savings and transitional – section 11**** > > > A power conferred by [section 11](#GS11@EN) , as substituted by [section 9 of the](/view/html/inforce/2026-04-12/act-1981-039#GS9@EN) [Acts Interpretation Amendment Act 1981](/view/html/inforce/2026-04-12/act-1981-039) , the exercise of which is dependent on the existence of a provision of a kind referred to in [section 11](#GS11@EN) [(1)](#GS11@Gs1@EN) or, as the case may be, first referred to in [section 11](#GS11@EN) [(2)](#GS11@Gs2@EN) , is exercisable where the Act in which the provision is contained – > > > > > > (a) is passed after the commencement of [section 9 of the](/view/html/inforce/2026-04-12/act-1981-039#GS9@EN) [Acts Interpretation Amendment Act 1981](/view/html/inforce/2026-04-12/act-1981-039) ; and > > > > > > > (b) was passed before that commencement but the provision had not come into operation before that commencement. > **6.   **Savings and transitional – section 13**** > > > [Section 13](#GS13@EN) as amended by [section 11 of the](/view/html/inforce/2026-04-12/act-1981-039#GS11@EN) [Acts Interpretation Amendment Act 1981](/view/html/inforce/2026-04-12/act-1981-039)  – > > > > > > (a) applies to a reference to an Imperial Act or a Commonwealth Act that – > > > > > > > > > > (i) is in operation at the commencement of the lastmentioned section; or > > > > > > > > > > > (ii) comes into operation after that commencement – > > > > > > > > and whether the reference is contained in an Act passed before or after that commencement; and > > > > > > > (b) applies, in the case of a reference contained in an Act that came into operation before the commencement of the lastmentioned section, whether or not the reference is followed by words indicating that the reference includes subsequent amendments of the Imperial or Commonwealth Act referred to. > **7.   **Savings and transitional – section 16**** > > > [Section 16](#GS16@EN) as amended by [section 12 of the](/view/html/inforce/2026-04-12/act-1981-039#GS12@EN) [Acts Interpretation Amendment Act 1981](/view/html/inforce/2026-04-12/act-1981-039) applies only – > > > > > > (a) to an Act, whether passed before or after the commencement of the lastmentioned section, which expires after that commencement; and > > > > > > > (b) to regulations, whether made before or after that commencement, which are rescinded, expire or cease to have effect after that commencement; and > > > > > > > (c) to any other instrument or document, whether made before or after that commencement, which expires or ceases to have effect after that commencement. > **8.   **Savings and transitional – section 21**** > > > > (1) [Section 21](#GS21@EN) as amended by [section 13 of the](/view/html/inforce/2026-04-12/act-1981-039#GS13@EN) [Acts Interpretation Amendment Act 1981](/view/html/inforce/2026-04-12/act-1981-039) applies to an Act which confers a power to appoint a person to an office or position where the Act conferring the power – > > > > > > > > (a) is in operation at the commencement of the lastmentioned section; or > > > > > > > > > (b) comes into operation after that commencement. > > > > > (2) [Section 21](#GS21@EN) [(1)](#GS21@Gs1@EN) as amended by [section 5 of the](/view/html/inforce/2026-04-12/act-1985-040#GS5@EN) [Acts Interpretation Amendment Act 1985](/view/html/inforce/2026-04-12/act-1985-040) applies to an Act which confers a power to appoint a person to any office or position where the Act conferring the power – > > > > > > > > (a) is in operation at the commencement of the lastmentioned section; or > > > > > > > > > (b) comes into operation after that commencement. > **9.   **Savings and transitional – section 24**** > > > [Section 24](#GS24@EN) as amended by [section 14 of the](/view/html/inforce/2026-04-12/act-1981-039#GS14@EN) [Acts Interpretation Amendment Act 1981](/view/html/inforce/2026-04-12/act-1981-039) applies to and in relation to the interpretation and construction of expressions and references referred to in [section 24](#GS24@EN) whether the Act in which those expressions or references are contained was passed before or after the commencement of [section 14 of the](/view/html/inforce/2026-04-12/act-1981-039#GS14@EN) [Acts Interpretation Amendment Act 1981](/view/html/inforce/2026-04-12/act-1981-039) . > **10.   **Savings and transitional – section 37**** > > > [Section 37](#GS37@EN) as substituted by [section 16 of the](/view/html/inforce/2026-04-12/act-1981-039#GS16@EN) [Acts Interpretation Amendment Act 1981](/view/html/inforce/2026-04-12/act-1981-039) applies to and in relation to a penalty specified in an Act that – > > > > > > (a) is in operation at the commencement of the lastmentioned section; or > > > > > > > (b) comes into operation after that commencement. > **11.   **Savings and transitional – section 38**** > > > [Section 38](#GS38@EN) as substituted by [section 17 of the](/view/html/inforce/2026-04-12/act-1981-039#GS17@EN) [Acts Interpretation Amendment Act 1981](/view/html/inforce/2026-04-12/act-1981-039) applies to a provision of an Act that – > > > > > > (a) is in operation at the commencement of the lastmentioned section; or > > > > > > > (b) comes into operation after that commencement. > **12.   **Savings and transitional – section 38A**** > > > > (1) [Section 38A](#GS38A@EN) as substituted by [section 18 of the](/view/html/inforce/2026-04-12/act-1981-039#GS18@EN) [Acts Interpretation Amendment Act 1981](/view/html/inforce/2026-04-12/act-1981-039) applies to a proclamation or an order-in-council that – > > > > > > > > (a) is made after the commencement of the lastmentioned section; or > > > > > > > > > (b) has been made before that commencement but has not taken effect before that commencement – > > > > > > and, where made under an Act or Imperial Act, so applies whether the Act or Imperial Act was passed before or after that commencement. > > > > > (2) [Section 38A](#GS38A@EN) as substituted by [section 6 of the](/view/html/inforce/2026-04-12/act-1985-040#GS6@EN) [Acts Interpretation Amendment Act 1985](/view/html/inforce/2026-04-12/act-1985-040) applies to any proclamation or order-in-council or to a prescribed instrument within the meaning of [section 38A](#GS38A@EN) that – > > > > > > > > (a) is made after the commencement of [section 6 of the](/view/html/inforce/2026-04-12/act-1985-040#GS6@EN) [Acts Interpretation Amendment Act 1985](/view/html/inforce/2026-04-12/act-1985-040) ; or > > > > > > > > > (b) has been made before that commencement but has not taken effect before that commencement – > > > > > > > > and, in the case of – > > > > > > > > > (c) a proclamation or order-in-council was made under an Act or Imperial Act, so applies, whether the Act or Imperial Act was passed before or after that commencement; or > > > > > > > > > (d) a prescribed instrument, so applies, whether the Act under which the instrument is made was passed before or after that commencement. > **13.   **Savings and transitional – section 39A**** > > > [Section 39A](#GS39A@EN) as inserted by [section 7 of the](/view/html/inforce/2026-04-12/act-1985-040#GS7@EN) [Acts Interpretation Amendment Act 1985](/view/html/inforce/2026-04-12/act-1985-040) applies to regulations referred to in [subsection (1)](#GS39A@Gs1@EN) of [section 39A](#GS39A@EN) that – > > > > > > (a) are in force at the commencement of [section 7 of the](/view/html/inforce/2026-04-12/act-1985-999#GS7@EN) [Acts Interpretation Amendment Act 1985](/view/html/inforce/2026-04-12/act-1985-999) ; or > > > > > > > (b) come into force after that commencement. > **14.   **Savings and transitional – section 40A**** > > > [Section 40A](#GS40A@EN) as inserted by [section 8 of the](/view/html/inforce/2026-04-12/act-1985-040#GS8@EN) [Acts Interpretation Amendment Act 1985](/view/html/inforce/2026-04-12/act-1985-040) applies to a reference in an Act within the meaning of [section 40A](#GS40A@EN) that – > > > > > > (a) is in operation at the commencement of [section 8 of the](/view/html/inforce/2026-04-12/act-1985-040#GS8@EN) [Acts Interpretation Amendment Act 1985](/view/html/inforce/2026-04-12/act-1985-040) ; or > > > > > > > (b) comes into operation after that commencement. > **15.   **Savings and transitional – section 46**** > > > [Section 46](#GS46@EN) as amended by [section 20 of the](/view/html/inforce/2026-04-12/act-1981-039#GS20@EN) [Acts Interpretation Amendment Act 1981](/view/html/inforce/2026-04-12/act-1981-039) applies to and in relation to the interpretation and construction of the expression "offence" whether the Act in which that expression occurs was passed before or after the commencement of the lastmentioned section. > **16.   **Savings and transitional – section 47**** > > > > (1) [Section 47](#GS47@EN) as amended by [section 21 of the](/view/html/inforce/2026-04-12/act-1981-039#GS21@EN) [Acts Interpretation Amendment Act 1981](/view/html/inforce/2026-04-12/act-1981-039) applies to regulations made after the commencement of the lastmentioned section and so applies whether the Act under which they are made was passed before or after that commencement, and [section 47](#GS47@EN) (as in force before that commencement) continues to apply to regulations made before that commencement as if [section 21 of the](/view/html/inforce/2026-04-12/act-1981-039#GS21@EN) [Acts Interpretation Amendment Act 1981](/view/html/inforce/2026-04-12/act-1981-039) had not been enacted. > > > > > (2) [Section 47](#GS47@EN) as amended by [section 9 of the](/view/html/inforce/2026-04-12/act-1985-040#GS9@EN) [Acts Interpretation Amendment Act 1985](/view/html/inforce/2026-04-12/act-1985-040) applies to regulations made after the commencement of the lastmentioned section and so applies whether the Act under which they are made was passed before or after that commencement.