(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) Meaning of “de facto partner” For the purposes of any Act or instrument, a person is the de facto partner of another person (whether of the same sex or a different sex) if:
(a) the person is in a registered relationship or interstate registered relationship with the other person within the meaning of the , or Relationships Register Act 2010 (b) the person is in a de facto relationship with the other person.
(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.
(1) If an Act (in this section referred to as the Act concerned ) that does not commence on its enactment would, had it commenced:
(a) confer a power, or (b) amend some other Act in such a manner that the other Act, as amended, would confer a power, that must or may be exercised by the making of an instrument of a legislative or administrative character, then:
(c) such an instrument may be made, and (d) any thing may be done for the purpose of enabling such an instrument to be made or of bringing such an instrument into effect, before the Act concerned commences, as if the Act concerned had commenced.
(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) In this section: amending Act means:
(a) a whole Act that directly amends or repeals other Acts or instruments and that contains no other provisions apart from ancillary provisions, or (b) a section or subsection of an Act, a schedule or subschedule to an Act or an item of any such schedule or subschedule that directly amends or repeals other Acts or instruments and that contains no other provisions. ancillary provision of an amending Act means the long title of the Act, a preamble to the Act, a provision that specifies the short title or name of the Act, a provision that provides for the commencement of the Act, a provision that declares that notes in the Act do not form part of the Act or a provision that gives effect to or describes a schedule to the Act.(2) An amending Act is repealed on the day after all of its provisions have commenced (except as provided by subsection (3)).
(1) Headings to provisions of an Act or instrument, being headings to:
(a) Chapters, 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 on the NSW legislation website, and (b) commences 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 must be laid before each House of Parliament within 14 sitting days of that House after the day on which it is published on the NSW legislation website. (2) A written notice is to identify the statutory rule to which it relates.
(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). (2) Legislation or other matter is published on the NSW legislation website:
(a) if it is made accessible in full on that website, or (b) if notice of its making, issue or other production is made accessible on that website and it is made accessible separately in full on that website or in any other identified location.
(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. (2) Subsection (1) applies to a reference to an Act or instrument:
(a) whether or not the reference includes a reference to subsequent amendments of the Act or instrument, and (b) whether or not the reference is to a mode of citation that includes 2 calendar years.
(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)