How do Acts, Regulations and Bills cease operation in each jurisdiction?

Acts and Regulations

Acts and Regulations most commonly become expired, repealed or spent meaning they cease operation in the jurisdiction as indicated below.

Expired

An Act or Regulation is expired when it is fully commenced and ceases to have legal effect except in terms of non-fulfilment obligations. Usually legislation which is amending legislation is expired or spent.                         

  • Act Interpretation Act 1901 (Cth), Part 4
  • Legislation Act 2001 (ACT), Chapter 9
  • Interpretation Act 1987 (NSW), Part 4
  • Interpretation Act (NT), Part III
  • Act Interpretation Act 1954 (QLD), Part 6
  • Acts Interpretation Act 1915 (SA), Part 4
  • Act Interpretation Act 1931 (TAS), Section 16
  • Interpretation of Legislation Act 1984 (VIC), Part II Section 12
  • Interpretation Act 1984 (WA), Part V, Section 39

Repealed

When a piece of legislation is repealed, it is revoked or rescinded and no longer has legislative force, usually by an official or formal Act or Regulation. Legislation is only repealed once the repealing item commences.

  • Act Interpretation Act 1901 (Cth), Part 4
  • Legislation Act 2001 (ACT), Chapter 9
  • Interpretation Act 1987 (NSW), Part 4
  • Interpretation Act (NT), Part III
  • Act Interpretation Act 1954 (QLD), Part 6
  • Acts Interpretation Act 1915 (SA), Part 4
  • Act Interpretation Act 1931 (TAS), Section 16
  • Interpretation of Legislation Act 1984 (VIC), Part II
  • Interpretation Act 1984 (WA), Part V

Spent

A term used mainly for CTH legislation and defined by them to mean a piece of legislation which is solely commencing, amending or repealing and has taken effect in full. Usually legislation which is amending legislation is expired or spent. Note that this only applies to legislation which was made before the introduction of Section 48B of the Legislative Instruments Act 2003 (Cth) on 23 September 2012.

  • Legislative Instruments Act 2003 (Cth), Part 5A

Bills

Bills normally only cease operation if they fail during the course of Parliament.

A Bill is only referred to as ceased if it has been unable to pass a House of Parliament in Australia due to being negatived, Parliament being prorogued or any other reason given in Hansard.

  • Commonwealth of Australia Constitution Act 1901, Chapter I Part 5

See our Dictionary of Common Terms for more information.

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