Sch 3 s 1Effect of amendment of amending provisions

Sch 3 s 1 Effect of amendment of amending provisions

1 Effect of amendment of amending provisions

(1) An amendment made by Schedule 1 or 2 to an amending provision contained in an Act or instrument is, if the amending provision has commenced before the Schedule 1 or 2 amendment, taken to have effect as from the commencement of the amending provision, whether or not the amending provision has been repealed.

(2) In this section—

amending provision means a provision of an Act or instrument that makes a direct amendment to an Act or instrument by—

(a) the repeal or omission of matter contained in the amended Act or instrument without the insertion of any matter instead of the repealed or omitted matter, or

(b) the omission of matter contained in the amended Act or instrument and the insertion of matter instead of the omitted matter, or

(c) the insertion into the amended Act or instrument of matter, not being matter inserted instead of matter omitted from the Act or instrument.

Explanatory note

This section ensures that an amendment made by the proposed Act to a repealing or amending provision of an Act or instrument will, if the repealing or amending provision commences before the amendment made by the proposed Act, be taken to have commenced on the date the repealing or amending provision commences.