Amendments & repeals

These are governed by rules in AIA ss 7-11BiNOW! has previously discussed the presumption against retrospectivity in s 7(2) and the cross-reference rules in s 1011.  Section 7(1) also says that if a repealing Act or an Act altering the common law is itself repealed, the original law isn’t automatically revived.

Section 11B says that amending Acts cannot be read in isolation, and the amendments must be interpreted as part of the existing Act unless there is clear evidence of contrary intention12.  The two Acts together produce a single revised text which must be construed as a whole13.  Repealed provisions must be disregarded (though they are still part of the Act’s contextual legislative history).

This case is from Episode 17 of interpretationNOW!


11  See Episodes 7 & 14 and Episode 10 respectively.

12  Plaintiff B9/2014 [2014] FCAFC 178 (at [60]); Pearce & Geddes (at [7.23]).

13  Commissioner of Stamps [1995] HCA 44 (at [44]); Bennion (5ed at 290).