The Act creates a set of duties, permissions and rights that govern how monetary references are converted, how errors or doubts are remedied, and who may take specific actions during the transition to the new currency.
Statutory duty to treat old-currency references as new-currency references. The principal operative duty for users of the law is embedded in s 5(1): subject to that section, references in provisions of Acts or statutory instruments passed before the appointed day to an amount of money in the old currency shall be construed on and after that day as references to a corresponding amount of money in the new currency, calculated on the basis of the equivalents specified in the Commonwealth Act (s 5(1)). This imposes on courts, administrative decision-makers, agencies and private actors the duty to read pre-existing legal texts in the converted terms.
Deeming amendment to Acts and instruments. Section 5(6) operates as a statutory amendment mechanism: every Act and instrument the construction of which is affected by the preceding subsections “is, by force of this subsection, amended to such extent as may be necessary to give effect to those provisions.” This is a statutory duty on officials and drafters to treat the law as so amended.
Rounding and conversion particulars as binding guidance. Section 5(4) specifies conversion and rounding operations for provisions that previously required amounts to be “calculated to the nearest” old currency denominations. These rules function as binding interpretative prescriptions for conversion, and must be applied where relevant.
Form-filling permission (right). Section 6 creates a practical right: where a pre‑appointed‑day Act or instrument prescribes or contains a form referring to old currency, a person using that form may fill it using the new currency equivalent. That is a permissive right designed to reduce enforcement friction for form users.
Document alteration powers (administrative duties and rights). The person in custody of a non-statutory document referred to in s 8(1) may, if he considers it necessary or desirable for administering an Act or statutory instrument, alter the document to substitute the appropriate new-currency reference (s 8(2)). That confers an administrative power and a discretionary duty to update documents where necessary. The Registrar of Companies is empowered to alter company documents in the same way (s 8(3)).
Stamp duty transitional rule (deemed proper stamping and assessment duty). Section 7(1) deems certain instruments stamped after the appointed day to be properly stamped if the proper old-currency stamp that would have sufficed immediately before the appointed day is affixed before the date on which the subsection ceases to have effect. This creates a limited protective right for instrument-holders who procure old-currency stamps within the specified grace period. Section 7(3) imposes an administrative obligation on revenue officials to assess duty on instruments executed or made on or after the appointed day in terms of the new currency equivalents where subsection (1) does not apply.
Governor’s orders , corrective and amendment powers (executive rights and obligations). Sections 11 and 12 confer wide powers on the Governor to make orders to resolve doubts, correct errors, amend schedules, and amend statutory instruments made before the appointed day (s 11(1)-(2); s 12(1)). Orders may address correspondence of amounts when converted, rectify anomalies, and amend Schedules 1, 2, or 4 (s 11(2)(a)-(c)). Orders may be expressed to commence on a date not earlier than the appointed day and may have retrospective effect within that constraint (s 11(3); s 12(2)). Section 12(3)(a) permits orders to be made without regard to any method or procedure required by law for amendment of statutory instruments and even if a statutory instrument would be incapable of amendment apart from this section (s 12(3)(a)(i)-(ii)). Section 12(3)(b) provides that such orders are not subject to appeal, disallowance, or similar procedure.
Time limits on executive powers. Section 11(5) places a temporal limit on the Governor’s power to resolve doubts and omissions: it cannot be exercised after six months from the appointed day. This is a statutory constraint on the executive corrective power.
Exclusions preserved (limits on duties). Section 2(2) establishes express limits: the Act does not apply to construction of industrial awards, to judgments and orders given by courts, or to awards under the Commercial Arbitration Act (s 2(2)(a)-(c)). Section 5(7) excludes specified Acts and provisions listed in Schedule 4 from the conversion regime. These are duties and rights the Act does not displace.
Practical rights to continuity for banks. Section 10(1) allows the Governor to appoint bank holidays to enable savings banks to facilitate operational transition, giving banks a statutory mechanism to suspend ordinary business for conversion processes. Section 10(2) confirms that such bank holidays do not count as holidays for purposes of industrial awards or certain public service legislation.
Who bears responsibilities. The Act places practical responsibilities on (1) custodians of documents, including the Registrar of Companies, to alter references where necessary (s 8(2), (3)); (2) revenue and stamp officials to apply transitional stamp rules and to assess duty according to new-currency equivalents (s 7(1), (3)); (3) administrative authorities to implement Governor’s orders; and (4) private parties and businesses to use new-currency equivalents when filling prescribed forms or when relying on Acts/instruments that have been converted (s 6).
Overall, the Act creates a legal structure of interpretative duties, administrative alteration rights, temporary protections, and strong executive corrective powers to implement a uniform legal transition from old to new currency.