Opinion Number. 477

Subject

REPEALING LEGISLATION EFFECT ON REGULATIONS

Key Legislation

CROWN LANDS ORDINANCE 1912 (NT.) (No. 3 of 1912). s. 42; Schedule : CROWN LANDS ORDINANCE 1912 (NT) (No. 8 of 1912). s. 4

Date
Client
The Secretary, Department of External Affairs

The Secretary to the Department of External Affairs has forwarded the following telegram from the Administrator of the Northern Territory to me and asks for advice whether regulations under the Crown Lands Ordinance 1912 are affected by its repeal:

3527 Press message states new Land Ordinance provides for all Regulations being made by Governor-General in Council. Do Grazing Licence Regulations stand applications on hand.

I am of opinion that the repeal of the Ordinance, in the absence of express provision to the contrary, repeals all regulations under the Ordinance. In this case, the repealing clause contains no provision to the contrary, and the regulations therefore are repealed.

The repeal of the regulation would not affect any licences actually granted or issued before the repeal, or any right or liability acquired before the repeal, but no new licence could be granted after the repeal.

[Vol. 10, p. 443]