Effect of repeal, amendment or expiry
32 Effect of repeal, amendment or expiry
This section applies if an Act or a legislative instrument, or a provision of an Act or a legislative instrument—
is repealed or amended; or
expires.
The repeal, amendment or expiry of the Act, legislative instrument or provision does not—
revive anything not in force or existing at that time; or
affect the previous operation of the Act, instrument or provision or anything duly done or suffered under it; or
affect any direct amendments made by the Act, instrument or provision; or
affect any right, interest, title, power or privilege created, acquired, accrued, established or exercisable, or any status or capacity existing, under the Act, instrument or provision; or
affect any duty, obligation, liability or burden of proof imposed, created or incurred, or any penalty, forfeiture or punishment incurred or imposed or liable to be incurred or imposed, under the Act, instrument or provision; or
affect any investigation, legal proceeding or remedy in respect of anything mentioned in paragraph (d) or (e).
An investigation, legal proceeding or remedy mentioned in subsection (2)(f) may be commenced, continued or enforced, and a penalty, forfeiture or punishment mentioned in subsection (2)(e) may be imposed, as if the Act, legislative instrument or provision had not been repealed or amended or had not expired.
If an office, court, tribunal or body would, apart from this section, cease to exist by reason of the repeal, amendment or expiry, then, for the purpose of instituting, continuing or enforcing any such investigation, legal proceeding or remedy, the office, court, tribunal or body continues in existence (and, if necessary, new appointments may be made to it) as if the repeal or amendment had not been effected, or as if the expired Act, legislative instrument or provision had not expired (as the case may be).
An
Act or a legislative instrument, or a provision of an Act or a legislative instrument, will, despite its repeal, amendment or expiry, continue in force for the purposes of continuing and completing any act, matter or thing commenced or in progress under that Act, instrument or provision if there is no substituted Act, instrument or provision adapted to its continuance and completion.
The repeal, amendment or expiry of the Act, legislative instrument or provision does not—
affect the continued operation of a provision enacted or made by that Act, instrument or provision that is of a savings or transitional nature;
or
end the validating effect of a provision enacted or made by that Act, instrument or provision that validates anything that is or may otherwise be invalid.
In this section—
legal proceeding includes any proceeding pursuant to an Act or law whether of a judicial or administrative nature.
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