Queensland Consolidated Acts

ACTS INTERPRETATION ACT 1954 - SECT 14CA

14CA Other changes that do not affect general law

(1) If—

(a) a provision of an Act expressly provides for an obligation to comply with the principles of natural justice; and

(b) the provision is replaced by a corresponding provision that does not expressly provide for the obligation;

the absence of an express provision for the obligation in the corresponding provision does not limit or otherwise affect an obligation under the corresponding provision to comply with procedural fairness implied under the general law.

(2) If—

(a) a provision of an Act expressly provides for a function to be performed reasonably or a power to be exercised reasonably; and

(b) the provision is replaced by a corresponding provision that does not expressly provide for the function to be performed reasonably or the power to be exercised reasonably;

the absence of an express provision for the matter in the corresponding provision does not limit or otherwise affect an obligation under the corresponding provision to perform the function reasonably or exercise the power reasonably implied under the general law.

(3) For this section, a provision of an Act (a
"former provision" ) is replaced by a corresponding provision if—

(a) an amendment of the Act omits the former provision and inserts a corresponding provision, whether in the same or a different location; or

(b) the former provision is amended and the amended provision is a corresponding provision; or

(c) the Act is repealed by an Act that includes a corresponding provision to the former provision.

(4) In this section—

"corresponding provision" , to another provision, means a provision that is substantially the same as, or substantially equivalent to, the other provision.