sec.22CAutomatic repeal of amending Act

### sec.22C Automatic repeal of amending Act An amending Act enacted after 30 June 1994 is automatically repealed at the beginning of the day after all of its provisions have commenced. A repeal under subsection (1) has effect for all purposes, including, for example, sections 19 to 20A . This section is in addition to, and does not limit the operation of, any other provision of this Act about repeals. In this section— amending Act means an Act that consists only of provisions of the following types— the Act ’s long title; the Act ’s preamble (if any); a provision about the Act ’s citation; a provision (if any) about the Act ’s commencement; a provision providing for the amendment or repeal of an Act or other instrument (including a provision identifying the amended or repealed instrument); a provision providing for the extension of the period before commencement, under section 15DA (2) , of an Act or a provision of an Act that has not commenced within 1 year of the assent day; a provision declaring an Act or a provision of an Act to be a law to which section 20A applies. The Hypothetical Amending Act 1995 amends the ABC Act and the LMN Act . It also repeals a list of Acts set out in a schedule. Apart from— a long title a provision about the Act ’s citation (that is, the Act ’s short title) a provision about the Act ’s commencement amending provisions (that is, provisions stating that the ABC Act and the LMN Act are amended and the provisions amending the Act s) repealing provisions (that is, a provision stating that the Act s set out in the schedule are repealed and a schedule) a provision about the application of section 20A to a provision being repealed; the Hypothetical Amending Act 1995 contains no other provisions. Its repealing provisions commence on assent, 21 March 1995. Its amending provisions commence on proclamation, 12 April 1995. Under subsection (1) , the Hypothetical Amending Act 1995 is automatically repealed at the beginning of 13 April 1995. The Example Act 1995 contains provisions establishing a new scheme. It also amends several Acts and repeals others. Because it contains the scheme provisions, it is not an amending Act covered by subsection (1) . assent day means the date of assent of— if the provision provides for the extension of the period before commencement, under section 15DA (2) , of an Act—the Act ; or if the provision provides for the extension of the period before commencement, under section 15DA (2) , of a provision of an Act—the Act that enacts the provision. s 22C ins 1994 No. 15 s 3 sch 1 amd 1994 No. 83 s 12 ; 1995 No. 58 s 4 sch 1 ; 2005 No. 70 s 9 ; 2010 No. 42 s 3 sch (sec.22C-ssec.1) An amending Act enacted after 30 June 1994 is automatically repealed at the beginning of the day after all of its provisions have commenced. (sec.22C-ssec.2) A repeal under subsection (1) has effect for all purposes, including, for example, sections 19 to 20A . (sec.22C-ssec.3) This section is in addition to, and does not limit the operation of, any other provision of this Act about repeals. (sec.22C-ssec.4) In this section— amending Act means an Act that consists only of provisions of the following types— the Act ’s long title; the Act ’s preamble (if any); a provision about the Act ’s citation; a provision (if any) about the Act ’s commencement; a provision providing for the amendment or repeal of an Act or other instrument (including a provision identifying the amended or repealed instrument); a provision providing for the extension of the period before commencement, under section 15DA (2) , of an Act or a provision of an Act that has not commenced within 1 year of the assent day; a provision declaring an Act or a provision of an Act to be a law to which section 20A applies. The Hypothetical Amending Act 1995 amends the ABC Act and the LMN Act . It also repeals a list of Acts set out in a schedule. Apart from— a long title a provision about the Act ’s citation (that is, the Act ’s short title) a provision about the Act ’s commencement amending provisions (that is, provisions stating that the ABC Act and the LMN Act are amended and the provisions amending the Act s) repealing provisions (that is, a provision stating that the Act s set out in the schedule are repealed and a schedule) a provision about the application of section 20A to a provision being repealed; the Hypothetical Amending Act 1995 contains no other provisions. Its repealing provisions commence on assent, 21 March 1995. Its amending provisions commence on proclamation, 12 April 1995. Under subsection (1) , the Hypothetical Amending Act 1995 is automatically repealed at the beginning of 13 April 1995. The Example Act 1995 contains provisions establishing a new scheme. It also amends several Acts and repeals others. Because it contains the scheme provisions, it is not an amending Act covered by subsection (1) . assent day means the date of assent of— if the provision provides for the extension of the period before commencement, under section 15DA (2) , of an Act—the Act ; or if the provision provides for the extension of the period before commencement, under section 15DA (2) , of a provision of an Act—the Act that enacts the provision. - (a) the Act ’s long title; - (b) the Act ’s preamble (if any); - (c) a provision about the Act ’s citation; - (d) a provision (if any) about the Act ’s commencement; - (e) a provision providing for the amendment or repeal of an Act or other instrument (including a provision identifying the amended or repealed instrument); - (f) a provision providing for the extension of the period before commencement, under section 15DA (2) , of an Act or a provision of an Act that has not commenced within 1 year of the assent day; - (g) a provision declaring an Act or a provision of an Act to be a law to which section 20A applies. Example 1— The Hypothetical Amending Act 1995 amends the ABC Act and the LMN Act . It also repeals a list of Acts set out in a schedule. Apart from— • a long title • a provision about the Act ’s citation (that is, the Act ’s short title) • a provision about the Act ’s commencement • amending provisions (that is, provisions stating that the ABC Act and the LMN Act are amended and the provisions amending the Act s) • repealing provisions (that is, a provision stating that the Act s set out in the schedule are repealed and a schedule) • a provision about the application of section 20A to a provision being repealed; the Hypothetical Amending Act 1995 contains no other provisions. Its repealing provisions commence on assent, 21 March 1995. Its amending provisions commence on proclamation, 12 April 1995. Under subsection (1) , the Hypothetical Amending Act 1995 is automatically repealed at the beginning of 13 April 1995. Example 2— The Example Act 1995 contains provisions establishing a new scheme. It also amends several Acts and repeals others. Because it contains the scheme provisions, it is not an amending Act covered by subsection (1) . - • a long title - • a provision about the Act ’s citation (that is, the Act ’s short title) - • a provision about the Act ’s commencement - • amending provisions (that is, provisions stating that the ABC Act and the LMN Act are amended and the provisions amending the Act s) - • repealing provisions (that is, a provision stating that the Act s set out in the schedule are repealed and a schedule) - • a provision about the application of section 20A to a provision being repealed; - • a long title - • a provision about the Act ’s citation (that is, the Act ’s short title) - • a provision about the Act ’s commencement - • amending provisions (that is, provisions stating that the ABC Act and the LMN Act are amended and the provisions amending the Act s) - • repealing provisions (that is, a provision stating that the Act s set out in the schedule are repealed and a schedule) - • a provision about the application of section 20A to a provision being repealed; - (a) if the provision provides for the extension of the period before commencement, under section 15DA (2) , of an Act—the Act ; or - (b) if the provision provides for the extension of the period before commencement, under section 15DA (2) , of a provision of an Act—the Act that enacts the provision.