Victorian Current Acts

INTERPRETATION OF LEGISLATION ACT 1984 - SECT 14

    (1)     Where an Act or a provision of an Act—

        (a)     is repealed; or

        (b)     expires, lapses or otherwise ceases to have effect—

any Act or provision of an Act that had been repealed by the first-mentioned Act or provision shall not, unless the contrary intention expressly appears, be construed as having been revived in consequence of the repeal, expiry, lapsing or ceasing to have effect of the first-mentioned Act or provision.

    (2)     Where an Act or a provision of an Act—

        (a)     is repealed or amended; or

        (b)     expires, lapses or otherwise ceases to have effect—

the repeal, amendment, expiry, lapsing or ceasing to have effect of that Act or provision shall not, unless the contrary intention expressly appears—

        (c)     revive anything not in force or existing at the time at which the repeal, amendment, expiry, lapsing or ceasing to have effect becomes operative;

        (d)     affect the previous operation of that Act or provision or anything duly done or suffered under that Act or provision;

        (e)     affect any right, privilege, obligation or liability acquired, accrued or incurred under that Act or provision;

S. 14(2)(ea) inserted by No. 5/2015 s. 5(1).

        (ea)     affect any immunity or indemnity conferred or given by or under that Act or provision;

        (f)     affect any penalty, forfeiture or punishment incurred in respect of an offence committed against that Act or provision; or

S. 14(2)(g) substituted by No. 5/2015 s. 5(2).

        (g)     affect any investigation, legal proceeding or remedy in respect of anything mentioned in paragraphs (e) to (f)—

and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if that Act or provision had not been repealed or amended or had not expired, lapsed or otherwise ceased to have effect.

S. 14(2A) inserted by No. 13/2006 s. 6(1).

    (2A)     Without limiting subsection (2), if a provision of an Act that is of a savings or transitional nature (whether or not the Act describes it as such) or that validates anything that is or may otherwise be invalid or that requires a reference in an Act or subordinate instrument or other instrument or document to, or that relates to, an entity or a class of entity to be construed as a reference to another entity or class of entity—

        (a)     is repealed; or

        (b)     expires, lapses or otherwise ceases to have effect—

the repeal, expiry, lapsing or ceasing to have effect of that provision does not, unless the contrary intention expressly appears, affect the operation of the savings or transitional provision or end the validating effect of the provision or affect the construction of that reference, as the case requires.

S. 14(3) amended by No. 13/2006 s. 6(2).

    (3)     References in subsections (1), (2) and (2A) to the repeal of an Act or of a provision of an Act shall be construed as including references to—

        (a)     a repeal effected by implication; and

        (b)     a repeal effected by abrogating or limiting the effect of the Act or provision or excluding the application of the Act or provision to any person, subject-matter or circumstance.