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LEGISLATIVE INSTRUMENTS ACT 2003 No. 139, 2003 - SECT 50

The sunsetting of legislative instruments to which this Part applies
(1)
Subject to subsection 51(1), if a legislative instrument to which this Part applies (the principal legislative instrument ):

(a) is made before the commencing day and does not amend an earlier legislative instrument that continues in force after the making of the principal legislative instrument; and
(b) is required to be lodged for registration before a day (the deadline day ) determined in accordance with section 29;

then:

(c) the principal legislative instrument; and
(d) the provisions of any other legislative instrument (whether or not made before the commencing day) that amend, or otherwise affect the operation of, the principal legislative instrument;

as in force immediately before whichever of 1 April or 1 October falls on, or next follows, the tenth anniversary of the deadline day, cease to be in force on that 1 April or 1 October as if they had been repealed by another legislative instrument.

(2)
Subject to subsection 51(1), if a legislative instrument to which this Part applies (the principal legislative instrument ) is made on or after the commencing day and does not amend an earlier legislative instrument that continues in force after the making of the principal legislative instrument, then:

(a) the principal legislative instrument; and
(b) the provisions of any other legislative instrument that amend, or otherwise affect the operation of, the principal legislative instrument;

as in force immediately before whichever of 1 April or 1 October falls on, or next follows, the tenth anniversary of the day of commencement of the principal legislative instrument, cease to be in force on that 1 April or 1 October as if they had been repealed by another legislative instrument.

(3)
Subject to subsection 51(1), if a legislative instrument to which this Part applies (the partially amending legislative instrument ) contains:

(a) provisions that amend an earlier legislative instrument that continues in force after the making of the partially amending legislative instrument; and
(b) other provisions that do not amend an earlier legislative instrument;

then:

(c) the provisions of the partially amending legislative instrument that do not amend an earlier legislative instrument; and
(d) the provisions of any other legislative instrument that amend, or otherwise affect, the operation of the provisions referred to in paragraph (c);

as in force immediately before whichever of 1 April or 1 October falls on, or next follows, the tenth anniversary of a day (the critical day ) in relation to the partially amending legislative instrument, determined in accordance with subsection (4), cease to be in force on that 1 April or 1 October as if they had been repealed by another legislative instrument.

(4)
For the purposes of subsection (3):

(a) if a partially amending legislative instrument is made before the commencing day—the critical day in relation to that instrument is the day on which, under section 29, it is required to be lodged for registration; and
(b) if a partially amending legislative instrument is made on or after the commencing day—the critical day in relation to that instrument is the date of commencement of the provisions that do not amend an earlier legislative instrument.

(5)
If a principal legislative instrument referred to in subsection (2) has 2 or more days of commencement, then, for the purposes of that subsection, the day of commencement of that instrument is the earliest of those days.

(6)
If the provisions of a partially amending legislative instrument referred to in subsection (3) that do not amend an earlier legislative instrument have 2 or more days of commencement then, for the purposes of subsection (4), the day of commencement of those provisions is the earliest of those days.



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