Interpretation Act 2005 section 17

Exercise of statutory powers before commencement of Act

Section 17 allows certain preparatory actions to be taken after an Act is passed but before it actually comes into operation, so that everything is ready for it to take effect on its commencement date.

  • An Act may be passed on one date but expressed to come into operation on a later date.
  • If the commencement date is to be fixed by a statutory instrument (such as a ministerial order), that instrument can be made at any time after the Act is passed, even before the Act comes into operation.
  • If the Act grants a power to make regulations or take other steps that are necessary for the Act to work fully from the moment it commences, those regulations or steps can also be made or taken in advance, at any time after the Act is passed.
  • Both of these permissions are subject to any specific restrictions contained in the Act itself.

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