Child Welfare (Saving and Validation) Act 1987 (ACT)

AUSTRALIAN CAPITAL TERRITORY

Child Welfare (Saving and Validation) Ordinance 1987

No. 46 of 1987

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of Government (Administration) Act 1910.

Dated 13 September 1987.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

JOHN BROWN

Minister of State for the Arts, Sport,
the Environment, Tourism and Territories

An Ordinance to continue the operation of, and to validate acts under, certain repealed provisions

Short title

1.  This Ordinance may be cited as the Child Welfare (Saving and Validation)  Ordinance 1987.1

Repealed provisions—interpretation

2.  In this Ordinance, “repealed provisions” means Parts III, IV, V, VA, VI, VIII and IX and sections 7, 8, 9, 10, 108, 109, 110, 114, 115, 117, 118, 119, 120 and 122 of the Child Welfare Ordinance 1957 as in force immediately before the commencement of subsection 4 (2) of the Child Welfare (Amendment) Ordinance 1987.

Saving and Validation

3.  (1)  Notwithstanding subsection 4 (2) of the Child Welfare (Amendment) Ordinance 1987, the repealed provisions shall, by force of this subsection:

(a)be deemed to have continued in operation during the period commencing on 30 June 1987 and ending at the expiration of the day preceding the date of commencement of this Ordinance; and

(b)be deemed to continue in operation until a date fixed by the Minister by notice in the Gazette.

(2)  Without limiting the generality of subsection (1), any proceedings instituted, jurisdiction exercised, warrant, summons or other process issued, order, appointment or instrument made, direction given, or other act or thing done, under any of the repealed provisions:

(a)during the period referred to in paragraph (1) (a)—shall be taken to have been, and to be; or

(b)during the period commencing on the date of commencement of this Ordinance and ending at the expiration of the day preceding the date fixed under paragraph (1) (b)—shall be taken to be;

as validly instituted, exercised, issued, made, given or done, and as effective for all purposes, as if that provision had not been repealed.

Repeal—time of effect

4.  For the purposes of section 38 of the Interpretation Ordinance 1967, the repeal of the repealed provisions shall be deemed to take effect on the date fixed under paragraph 3 (1) (b).

NOTE

1. Notified in the Commonwealth of Australia Gazette on 14 September 1987.