New South Wales Consolidated Acts

INTERPRETATION ACT 1987 - SECT 26

26 Exercise of certain powers between enactment and commencement of Acts and making and commencement of instruments

(1) If an Act (in this section referred to as
"the Act concerned" ) that does not commence on its enactment would, had it commenced--

(a) confer a power, or

(b) amend some other Act in such a manner that the other Act, as amended, would confer a power,

that must or may be exercised by the making of an instrument of a legislative or administrative character, then--

(c) such an instrument may be made, and

(d) any thing may be done for the purpose of enabling such an instrument to be made or of bringing such an instrument into effect,

before the Act concerned commences, as if the Act concerned had commenced.

(2) A provision of an instrument made by virtue of subsection (1) shall take effect--

(a) on the day on which the Act concerned commences, or

(b) on the day on which the provision would have taken effect had the Act concerned commenced when the instrument was made,

whichever is the later.

(3) If--

(a) this section applies to an Act that would, had it commenced, amend some other Act as referred to in subsection (1) (b), and

(b) the other Act has not commenced,

this section has effect as if the references in subsections (1) and (2) to the commencement of the Act concerned were references to the commencement of the other Act, as amended by the Act concerned.

(4) This section applies to an instrument that does not commence on its making in the same way as it applies to an Act that does not commence on its enactment. For that purpose, a reference in this section to an amendment of some other Act includes a reference to an amendment of some other instrument.