Commencement of subordinate legislation
63B Commencement of subordinate legislation
(1) Subordinate legislation commences on the day specified or provided for in the subordinate legislation.
Subordinate legislation may be specified to commence:
(a) subject to subsection (3), on a particular day or on a number of different days; or
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.
(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.
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