Repeal does not end saving, transitional or validating effect etc.
20A Repeal does not end saving, transitional or validating effect etc.
In this section—Act includes a provision of an Act.repeal includes expiry.
If an Act—
declares a thing for a saving or transitional purpose (whether or not the Act is expressed to be made for a purpose of that type); or
validates a thing that may otherwise be invalid; or
declares a thing for a purpose that is consequential on a declaration mentioned in paragraph (a) or a validation mentioned in paragraph (b) (whether or not the Act is expressed to be made for a purpose of that type);
the declaratory or validating effect of the Act does not end merely because of the repeal of the Act.Example of paragraph (a)—a provision stating that an existing licence under a repealed law is taken to be a licence of a particular kind under another law and authorising the imposition of conditions under the other lawExample of paragraph (b)—a provision declaring an instrument to have been validly made and acts done in reliance on the instrument to have been validly doneExamples of paragraph (c)—
1 a provision stating that a matter that is declared valid is not justiciable
2 a provision stating that an instrument that is declared valid is taken to have been amended in a particular way
If an Act (the savings law) declares an Act (the declared law) to be a law to which this section applies—
the effect of the declared law does not end merely because of its repeal; and
the effect of the savings law does not end merely because of its repeal.
A declaration may be made for subsection (3) about an Act whether or not the Act is a law to which subsection (2) applies.
A declaration made for subsection (3) about an Act does not imply that, in the absence of a declaration about it, another Act is not a law to which this section applies.
This section is in addition to, and does not limit, sections 19 and 20, or any provision of the law by which the repeal is made.
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