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    6.5 General presumption that legislation will be prospective

    Subordinate legislation generally commences on notification on the Legislation website, 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.

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    Last updated:
    18 May, 2016
    Last reviewed:
    13 November, 2013