sch.2-sec.27Exercise of powers between enactment and commencement

sch.2-sec.27 Exercise of powers between enactment and commencement

If a provision of this Law (the “empowering provision”) that does not commence on its enactment would, had it commenced, confer a power— to make an appointment; or to make a statutory instrument of a legislative or administrative character; or to do another thing, then— the power may be exercised; and anything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect, before the empowering provision commences. If a provision of an Act of South Australia (the “empowering provision”) that does not commence on its enactment would, had it commenced, amend a provision of this Law so that it would confer a power— to make an appointment; or to make a statutory instrument of a legislative or administrative character; or to do another thing, then— the power may be exercised; and anything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect, before the empowering provision commences. If— this Law has commenced and confers a power to make a statutory instrument (the “basic instrument making power”); and a provision of an Act of South Australia that does not commence on its enactment would, had it commenced, amend this Law so as to confer additional power to make a statutory instrument (the “additional instrument making power”), then— the basic instrument making power and the additional instrument making power may be exercised by making a single instrument; and any provision of the instrument that required an exercise of the additional instrument making power is to be treated as made under subclause (2). If an instrument, or a provision of an instrument, is made under subclause (1) or (2) that is necessary for the purpose of— enabling the exercise of a power mentioned in the subclause; or bringing an appointment, instrument or other thing made or done under such a power into effect, the instrument or provision takes effect— on the making of the instrument; or on such later day (if any) on which, or at such later time (if any) at which, the instrument or provision is expressed to take effect. If— an appointment is made under subclause (1) or (2); or an instrument, or a provision of an instrument, made under subclause (1) or (2) is not necessary for a purpose mentioned in subclause (4), the appointment, instrument or provision takes effect— on the commencement of the relevant empowering provision; or on such later day (if any) on which, or at such later time (if any) at which, the appointment, instrument or provision is expressed to take effect. Anything done under subclause (1) or (2) does not confer a right, or impose a liability, on a person before the relevant empowering provision commences. After the enactment of a provision mentioned in subclause (2) but before the provision’s commencement, this clause applies as if the references in subclause (2) and (5) to the commencement of the empowering provision were references to the commencement of the provision mentioned in subclause (2) as amended by the empowering provision. In the application of this clause to a statutory instrument, a reference to the enactment of the instrument is a reference to the making of the instrument. (sch.2-sec.27-ssec.1) If a provision of this Law (the “empowering provision”) that does not commence on its enactment would, had it commenced, confer a power— to make an appointment; or to make a statutory instrument of a legislative or administrative character; or to do another thing, then— the power may be exercised; and anything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect, before the empowering provision commences. (sch.2-sec.27-ssec.2) If a provision of an Act of South Australia (the “empowering provision”) that does not commence on its enactment would, had it commenced, amend a provision of this Law so that it would confer a power— to make an appointment; or to make a statutory instrument of a legislative or administrative character; or to do another thing, then— the power may be exercised; and anything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect, before the empowering provision commences. (sch.2-sec.27-ssec.3) If— this Law has commenced and confers a power to make a statutory instrument (the “basic instrument making power”); and a provision of an Act of South Australia that does not commence on its enactment would, had it commenced, amend this Law so as to confer additional power to make a statutory instrument (the “additional instrument making power”), then— the basic instrument making power and the additional instrument making power may be exercised by making a single instrument; and any provision of the instrument that required an exercise of the additional instrument making power is to be treated as made under subclause (2). (sch.2-sec.27-ssec.4) If an instrument, or a provision of an instrument, is made under subclause (1) or (2) that is necessary for the purpose of— enabling the exercise of a power mentioned in the subclause; or bringing an appointment, instrument or other thing made or done under such a power into effect, the instrument or provision takes effect— on the making of the instrument; or on such later day (if any) on which, or at such later time (if any) at which, the instrument or provision is expressed to take effect. (sch.2-sec.27-ssec.5) If— an appointment is made under subclause (1) or (2); or an instrument, or a provision of an instrument, made under subclause (1) or (2) is not necessary for a purpose mentioned in subclause (4), the appointment, instrument or provision takes effect— on the commencement of the relevant empowering provision; or on such later day (if any) on which, or at such later time (if any) at which, the appointment, instrument or provision is expressed to take effect. (sch.2-sec.27-ssec.6) Anything done under subclause (1) or (2) does not confer a right, or impose a liability, on a person before the relevant empowering provision commences. (sch.2-sec.27-ssec.7) After the enactment of a provision mentioned in subclause (2) but before the provision’s commencement, this clause applies as if the references in subclause (2) and (5) to the commencement of the empowering provision were references to the commencement of the provision mentioned in subclause (2) as amended by the empowering provision. (sch.2-sec.27-ssec.8) In the application of this clause to a statutory instrument, a reference to the enactment of the instrument is a reference to the making of the instrument.