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Interpretation Act 1978
63BCommencement of subordinate legislation
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63B Commencement of subordinate legislation
(1) Subordinate legislation commences on the day specified or
provided for in the subordinate legislation.
(2) Subordinate legislation may be specified to commence:
(a) subject to subsection (3), on a particular day or on a number
of different days; or
(b) on the happening of a particular event or events.
Examples for subsection (2)(b)
1 On the commencement of a section of an Act.
2 On the day after the day on which it is notified in the Gazette under
section 63A(2)(a)(ii).
(3) Subordinate legislation must not be specified to commence or to
take effect on a day that is before the day it is made, unless the Act
under which it is made expressly provides for commencement or
taking effect on a day before it is made.
(4) A provision of subordinate legislation made in contravention of
subsection (3) is of no effect.
(5) If subordinate legislation does not specify or provide for its
commencement, or the commencement of any provision, the
subordinate legislation or the provision of the subordinate
legislation commences on the day after the day on which it is made.
Interpretation Act 1978 42
(6) Despite subsection (5), a rule or by-law that does not specify or
provide for its commencement and that is not published or to be
published on the legislation website commences on the day on
which it is notified in the Gazette.