6.5 Presumption of prospectivity

Subordinate legislation generally commences on notification in the gazette, on a stated day after notification, or on the commencement of its authorising Act. There is a general presumption that legislation, whether an Act or subordinate legislation, will operate prospectively. Generally, the courts will override the presumption only if the empowering Act contains a provision authorising retrospective operation. The one exception is where the subordinate legislation expressly provides for the retrospective operation of a beneficial provision.

Last reviewed: 17 July, 2009

Last updated: 22 July, 2009

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