LGST 555
Drafting Preliminary, Amending, and Final Provisions (OCW)

 

LGST 555
Drafting Preliminary, Amending, and Final Provisions (OCW)

Study Materials

Module 1: Section 3

Section 3 Preview

How do we draft commencement and duration provisions?

This Section deals with two components commonly found among preliminary provisions, both relating to the temporal operation of legislation. First, we look at the steps that may be needed to prescribe the date or dates on which legislation is to come into force (“commencement provisions”). Secondly, we consider provisions that set limits on the length of time legislation may have effect (“expiry” provisions), which are required much less often. Although they have direct effect upon the application of legislation, these features support substantive provisions. 

This Section is designed to enable you to:

  • find out the practice in your jurisdiction on these matters;
  • examine when these provisions may be needed and to put into practice techniques for dealing with them satisfactorily.

Frequent reference is made throughout this section to the model Interpretation Act in the Resource Materials. You should keep it handy when you are working with this Section.

Section Objectives

In this Section the objectives are to enable you to draft provisions for the commencement and expiry of legislation.

Essential Questions

This Section is divided into two subsections organised in terms of the following questions:

  1. Commencement Provisions
    • What purposes do commencement provisions serve?
    • When are they needed?
    • What are good reasons for including them?
    • How should they be drafted?
  2. Expiry Provisions
    • What purposes do expiry provisions serve?
    • How should they be drafted?

Studying this Section

Your aim in this Section is to become familiar with the way these provisions are dealt with in your jurisdiction and to gain an understanding of when they are needed (since neither is necessarily required) and how they are drafted. This is a short Section and not complicated. 

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