Module 2: Section 3
In this Section, we are concerned with matters that are vital for the coherent introduction of new legislation to ensure that the relationship between the existing law and the new legislation, and the transition from one to the other, are properly bridged.
These provisions determine how circumstances that have already arisen under existing law are to be treated after that law is amended (including by being repealed or replaced). Matters of these kinds require the drafter to exercise careful judgment as to when they are needed and what they should contain.
By the end of this Section, you should be able to do the following:
This Section is divided into four subsections organised in terms of the following questions:
The aim of this Section is to make you familiar with the way in which transitional and saving provisions are dealt with in legislation and to develop approaches that are appropriate to enable you to decide:
The Section contains numerous examples, which require careful attention. You are also invited to examine closely how the sections of the Interpretation Act in your jurisdiction dealing with the legal effects of repeals and amendments affect the treatment of these provisions.
In studying this Section, you will need to refer frequently to the Interpretation Act in force in your jurisdiction (with all current amendments) and to the model Interpretation Act in the Resource Materials. Make sure that you have both available before you start work on this Section.
The importance of saving and other transitional provisions is often overlooked and their preparation can be difficult for those unfamiliar with their use. You may need to re-work some of this material to confirm your understanding.