Schedule 3 — Application, saving and transitional provisions

1  Application—general

Subject to this Schedule, the amendments and repeals made by Schedule 1 apply, on and after the commencement of Schedule 1, in relation to Acts enacted before, on or after that commencement.

2  Transitional— Gazette

The reference to the Commonwealth of Australia Gazette in the definition of Gazette in section 2B of the Acts Interpretation Act 1901 includes a reference to the Australian Government Gazette published during the period commencing on 1 July 1973 and ending immediately before 1 July 1977.

3  Application and saving—commencement

(1)       The amendments made by items 8 and 10 of Schedule 1 apply in relation to Acts receiving the Royal Assent on or after the commencement of those items.

(2)       The amendment made by item 9 of Schedule 1 does not affect the validity of the exercise of a power, or the validity of anything done, in accordance with section 4 of the Acts Interpretation Act 1901 before the commencement of that item.

4  Application—effect of repeal or amendment of Act

The amendment made by item 13 of Schedule 1 applies to repeals, amendments, expiries, lapses, cessations, abrogations, limitations and exclusions occurring on or after the commencement of that item.

5  Application—Acts applying in coastal sea

The amendment made by item 25 of Schedule 1 applies in relation to Acts enacted before, on or after the commencement of that item.

6  Saving—Ministerial authorisations

Despite the repeal of section 18C of the Acts Interpretation Act 1901 made by Schedule 1, that section, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an authorisation in effect under that section immediately before that repeal.

7  Saving—registered relationships

Despite the amendment made by item 48 of Schedule 1, regulations in force for the purposes of section 22B of the Acts Interpretation Act 1901 immediately before the commencement of that item continue in effect, after that commencement, as if they had been made for the purposes of section 2E of that Act, as in force after that commencement.

8  Application—delegations

The amendment made by item 89 of Schedule 1 applies in relation to alterations or additions that are made on or after the commencement of that item (regardless of whether the delegation referred to in paragraph 34AB(2)(a) or (3)(a) of the Acts Interpretation Act 1901 , as inserted by this Act, is made before, on or after that commencement).

9  Saving—previous interpretation preserved

The amendments made by items 63, 65, 67, 69, 70, 71, 72, 80, 82, 84, 85, 87, 88, 90, 104, 111, 113, 114 and 115 of Schedule 1 do not affect by implication the interpretation of:

                     (a)  subsection 33(1), (2), (3), (3A) or (3B) or 46(1) or (3) or section 34AA, 34AB or 34A of the Acts Interpretation Act 1901 ; or

                     (b)  subsection 13(1) or (3) of the Legislative Instruments Act 2003 ;

at a time before the commencement of those items.

10  Saving—appointments

The amendments made by Schedule 2 do not affect the validity of an appointment that was made under an Act before the commencement of this item and that was in force immediately before that commencement.

11  Transitional regulations

The Governor-General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments and repeals made by Schedules 1 and 2.