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LEGISLATION ACT 2001 - SECT 116

Ambit of editorial amendments

    (1)     An editorial amendment of a law is an amendment that—

        (a)     corrects a typographical error; or

        (b)     corrects or updates a reference to a law, position, entity, place or thing; or

        (c)     goes only to a matter of spelling, punctuation, grammar or syntax or the use of conjunctives and disjunctives; or

        (d)     changes the name of the law or a provision of the law; or

        (e)     numbers or renumbers a provision of the law; or

        (f)     changes the order of definitions or other provisions of the law; or

        (g)     replaces a reference to a provision of a law with a different form of reference to the provision; or

        (h)     changes the way of referring to or expressing a number, year, date, time, amount of money, penalty, quantity, measurement, or other matter, idea or concept; or

              (i)     replaces a word indicating gender or that could be taken to indicate gender in accordance with current legislative drafting practice; or

        (j)     replaces a reference to the Queen, the King or the Crown with a reference to the Sovereign or the Territory; or

        (k)     omits—

              (i)     the enacting words or the law-making words (including any signatures); or

              (ii)     a provision that consists only of a description of how the law is arranged into groups of provisions; or

              (iii)     a provision that has expired, the operation of which is exhausted or spent or that is otherwise obsolete or redundant; or

        (l)     omits, inserts or changes a referential term; or

        (m)     inserts, omits or changes a note; or

        (n)     updates a reference to the heading to a provision; or

        (o)     is consequential on any amendment made to the law by another law; or

        (p)     is consequential on any other editorial amendment (whether made to that law or another law).

Examples—consequential amendments—par (o)

1     If an amendment adds 1 or more subsections to a section that is not already divided into subsections, the subsection number (1) may be inserted.

2     If an amendment omits subsection (1) from a section with 2 subsections, the subsection number (2) may be omitted.

3     If an amendment omits subsection (2) from a series of 4 subsections (subsections (1) to (4)), subsections (3) and (4) may be renumbered as subsections (2) and (3).

4     If an amendment adds a new subsection (3A) to a series of 5 subsections (subsections (1) to (5)), the new subsection and subsections (4) and (5) may be renumbered as subsections (4), (5), and (6).

5     If an amendment omits paragraph (b) from a series of 4 paragraphs (paragraphs (a) to (d)), paragraphs (c) and (d) may be renumbered as paragraphs (b) and (c).

6     If an amendment adds a new paragraph (aa) to a series of 3 paragraphs (paragraphs (a) to (c)), the paragraphs may be renumbered as paragraphs (a), (b), (c) and (d).

7     If an amendment makes a change mentioned in any of examples 1 to 6, a cross-reference in any law to any of the provisions that have been renumbered may be correspondingly renumbered.

8     If an amendment adds a paragraph as the last paragraph in a series of paragraphs that end in a full stop, the full stop may be changed to a semicolon and, if the series of paragraphs is joined by a conjunction (eg ‘and'), the conjunction may be added after the semicolon.

9     If an amendment omits a section example from a section that has 2 section examples, the number of the remaining example may be omitted.

10     If an amendment adds a subsection note to a subsection that already has a subsection note, the notes may be numbered.

    (2)     In this section:

"law" includes a law of another jurisdiction.

"law of another jurisdiction"—see section 97  (1).

"referential term "means a term that identifies a provision as a provision, or part of a provision, of the Act, statutory instrument or provision in which it appears.

Examples

1     of this Act

2     of this section

3     hereof

4     said



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