Commonwealth Consolidated Acts

LEGISLATION ACT 2003 - SECT 45

  (2)   If:

  (a)   a legislative instrument (the repealing instrument ) or a provision (the repealing provision ) of a legislative instrument is repealed by subsection   38(3) or 42(1) or (2) at a particular time (the repeal time ); and

  (b)   the repealing instrument or repealing provision wholly or partly repealed another legislative instrument or law, or a provision of another legislative instrument or law, that was in force immediately before the repealing instrument or repealing provision commenced;

the instrument, law or provision repealed by the repealing instrument or repealing provision revives from the repeal time as if the repealing instrument or repealing provision had not been made.

  (3)   Subsection   (2) does not have the effect of reviving a legislative instrument, law or provision if, before the date when it would have been revived, Part   4 (sunsetting of legislative instruments) would have repealed it had it not already been repealed by the repealing instrument or the repealing provision.