(1) This Act applies to all Acts and instruments (including this Act) whether enacted or made before or after the commencement of this Act. (2) This Act applies to an Act or instrument except in so far as the contrary intention appears in this Act or in the Act or instrument concerned.
(1) If an Act provides that a body is:
(a) a NSW Government agency, or (b) a statutory body representing the Crown, the body has the status, privileges and immunities of the Crown.
(1) In any Act or instrument:
(a) a reference to a British subject, or to a natural-born or naturalised subject of Her Majesty or to any other similar expression, is a reference to:
(i) an Australian citizen, or (ii) any other person who would, had the relevant Commonwealth law continued in force, be a person who has the status of a British subject or the status of a British subject without citizenship, and (b) a reference to an alien is a reference to a person who would, had the relevant Commonwealth law continued in force, be a person who is an alien within the meaning of that law.
(1) An Act shall commence, or shall be deemed to have commenced:
(a) except as provided by paragraphs (b) and (c)—on the day occurring 28 days after the date of assent to the Act, (b) if the Act provides for its commencement, whether by proclamation under the Act or otherwise—on the day or days specified in, or ascertained in accordance with, that provision, or (c) if a day is appointed for its commencement by a proclamation under subsection (2)—on the day so appointed. (2) The Governor may, by proclamation, appoint a day for the commencement of an Act that does not provide for its commencement, being a day that occurs:
(a) no earlier than the date of assent to the Act, and (b) no later than the day occurring 28 days after the date of assent to the Act. (3) A power to appoint by proclamation a day on which an Act shall commence does not include power to appoint a day prior to the day on which the proclamation appointing the day is published in the Gazette.
(1) The amendment or repeal of an Act or statutory rule does not:
(a) revive anything not in force or existing at the time at which the amendment or repeal takes effect, or (b) affect the previous operation of the Act or statutory rule or anything duly suffered, done or commenced under the Act or statutory rule, or (c) affect any right, privilege, obligation or liability acquired, accrued or incurred under the Act or statutory rule, or (d) affect any penalty incurred in respect of any offence arising under the Act or statutory rule, or (e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability or penalty, and any such penalty may be imposed and enforced, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, as if the Act or statutory rule had not been amended or repealed.
(1) Headings to provisions of an Act or instrument, being headings to:
(a) Parts, Divisions or Subdivisions into which the Act or instrument is divided, or (b) Schedules to the Act or instrument, shall be taken to be part of the Act or instrument. (2) Except as provided by subsections (3) and (4):
(a) a heading to a provision of an Act or instrument (not being a heading referred to in subsection (1)), (b) matter within a provision of an Act or instrument (being matter in parentheses that merely sets out a heading to or describes the effect of some other provision of the Act or instrument or of some other Act or instrument), or (c) a marginal note, footnote or endnote in an Act or instrument, shall be taken not to be part of the Act or instrument.
(1) A statutory rule:
(a) shall be published in the Gazette, and (b) shall take effect on the day on which it is so published or, if a later day is specified in the rule for that purpose, on the later day so specified. (2) Subsection (1) does not prevent a statutory rule from specifying different days for the commencement of different portions of the rule.
(1) Written notice of the making of a statutory rule shall be laid before each House of Parliament:
(a) in the case of a rule that has been published in the Gazette—within 14 sitting days of that House after the day on which it is so published, or (b) in any other case—within 14 sitting days of that House after it is made. (2) A written notice shall identify the statutory rule to which it relates and:
(a) in the case of a rule that has been published in the Gazette—specify the number, date and page or pages of the Gazette in which it was published, or (b) in any other case—be accompanied by a copy of the rule.
(1) The Parliamentary Counsel may publish on the NSW legislation website under the authority of the Government:
(a) legislation (as originally made or as amended), and (b) other matter (including information relating to legislation and any matter authorised by law to be published on the website).
(cf former ss 5–7, 12 and 13 of ) Reprints Act 1972 (1) This section applies to paper reprints of legislation, but does not apply to the publication of legislation, as amended, on the NSW legislation website.
(1) If:
(a) a person is or has, within the last 3 months, been the holder of a part-time office as a member of a statutory body, (b) the person cannot be re-appointed to the office because a provision of an Act or statutory rule imposes an age limit, (c) a Minister certifies to the Governor that that Minister is of the opinion that it is in the public interest that the person should be able to continue to hold the office after reaching the age limit, and (d) the person has reached the age limit or is within 3 months of reaching it, the Governor may extend the age limit for the person, but not beyond the age of 72 years. (2) While under the extended age limit, the person (if otherwise qualified) may be re-appointed to the office.
(1) An Act may be cited:
(a) by its short title (or name), or (b) by reference to:
(i) the year in which it was passed or, in the case of an Act passed before 1897, by reference to the regnal year in which it was passed, and (ii) its number.
(1) An instrument may be referred to:
(a) by its citation (or name), or (b) by reference to:
(i) in the case of an instrument that has been published in the Gazette—the number, date and page or pages of the Gazette in which it was published, or (ii) in any other case—the date on which it was made, together with a reference to the Act under which it was made.
(1) In any Act or instrument, a reference to some other Act or instrument extends to the other Act or instrument, as in force for the time being.
(1) If a form is prescribed by, or approved under, an Act or statutory rule, strict compliance with the form is not necessary but substantial compliance is sufficient.
(Section 83)