Victorian Numbered Acts Victorian Numbered ActsAfter section 100 of the Administration and Probate Act 1958 insert —
The amendments made to Part IV of this Act by Part 2 of the Justice Legislation Amendment (Succession and Surrogacy) Act 2014 apply in respect of the estate of any person who dies on or after the commencement of Part 2 of that Act.
(1) Despite the amendment of this Act by Part 3 of the Justice Legislation Amendment (Succession and Surrogacy) Act 2014 , Division 5 of Part I and the Second Schedule, as in force immediately before the commencement of that Part, continue to apply to an application for a grant of probate or letters of administration which was made but not granted before that commencement as if those amendments had not been made.
(2) Despite the amendment of this Act by Part 3 of the Justice Legislation Amendment (Succession and Surrogacy) Act 2014 , Division 5 of Part I and the Second Schedule, as in force immediately before the commencement of that Part, continue to apply to an application for a grant of probate or letters of administration which was granted before that commencement as if those amendments had not been made.
(1) Despite the repeal of section 32 by the Justice Legislation Amendment (Succession and Surrogacy) Act 2014 , section 32, as in force immediately before its repeal continues to apply to the estate of a deceased person who died before the repeal.
(2) Despite the repeal of section 33 by the Justice Legislation Amendment (Succession and Surrogacy) Act 2014 , section 33, as in force immediately before its repeal, continues to apply to the estate of a deceased person who died before the repeal.
(3) Despite the amendment of section 71 by the Justice Legislation Amendment (Succession and Surrogacy) Act 2014 , section 71, as in force immediately before its amendment, continues to apply to an application made under that section before that amendment as if the amendment had not been made.
(4) Despite the amendment of section 74 by the Justice Legislation Amendment (Succession and Surrogacy) Act 2014 , section 74, as in force immediately before its amendment, continues to apply to an application made under section 71 before that amendment as if the amendment had not been made.
(5) Despite the amendment of section 79 by the Justice Legislation Amendment (Succession and Surrogacy) Act 2014 , section 79, as in force immediately before its amendment, continues to apply to the administration of an estate commenced under that section before that amendment as if the amendment had not been made.
(1) If any difficulty arises because of the operation of the Justice Legislation Amendment (Succession and Surrogacy) Act 2014 in relation to an application or a proceeding under this Act, the Court may make any order it considers appropriate to resolve the difficulty.
(2) An order made under subsection (1)—
(a) may be made on application of a party to the application or proceeding or on the Court's own motion; and
(b) has effect despite any provision to the contrary made by or under any Act (other than the Charter of Human Rights and Responsibilities Act 2006 ).
(1) The Governor in Council may make regulations
containing provisions of a transitional nature, including matters of an
application or savings nature, arising as a result of the enactment of Part 2,
3 or 4 of the Justice Legislation Amendment (Succession and Surrogacy) Act
2014 , including any repeals and amendments made by any of those Parts of that
Act.
s. 26
(2) Regulations made under this section may—
(a) have a retrospective effect to a day on or from the date that the Justice Legislation Amendment (Succession and Surrogacy) Act 2014 receives the Royal Assent;
(b) be of limited or general application;
(c) differ according to differences in time, place or circumstances;
(d) leave any matter or thing to be decided by a specified person or specified class of persons;
(e) provide for the exemption of persons, applications or proceedings or a class of persons, applications or proceedings from any of the regulations made under this section.
(3) Regulations made under this section have effect despite anything to the contrary—
(a) in any Act (other than Part 2, 3 or 4 of the Justice Legislation Amendment (Succession and Surrogacy) Act 2014 or the Charter of Human Rights and Responsibilities Act 2006 ); or
(b) in any subordinate instrument.
(4) This section is repealed on the second anniversary of the day on which it comes into operation.".
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