Performance of functions under provision before commencement
38 Performance of functions under provision before commencement
If—
a provision of an Act that has passed, or a legislative instrument that has been made, is not yet in operation; and
it is expedient that a function conferred on a person or body by the provision be performed before it comes into operation, the function may be so performed before the provision comes into operation.
Subject to subsection (3), anything created, granted, issued, done or made under or pursuant to a provision by virtue of subsection (1) will take effect when the provision comes into operation and not before.
If the function that is performed is the appointment of a person to a specified office or the establishment of a specified body—
the appointed person may act in the office or the established body may meet and perform its functions with the same entitlement to remuneration or allowances as if the provision were in operation;
but
any function performed by that person or body pursuant to subsection (1) does not take effect until the relevant provision comes into operation.
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