Interpretation Act 2005 section 26

Repeals and substitutions

Section 26 explains what happens when a law is repealed and replaced by a new law, ensuring continuity of appointments, legal instruments, proceedings, and references during the transition.

  • A repealed law remains in force until its replacement actually comes into operation, preventing any gap in the legal framework.
  • Appointments, bonds, guarantees, and documents made under the old law carry forward automatically and are treated as if made under the new law.
  • Ongoing proceedings and statutory instruments under the old law continue under the new law, provided they are not inconsistent with it.
  • References in other legislation to the old law are read as references to the corresponding provisions of the new law, and rewording that expresses the same idea in different language is not treated as a change in substance.

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