LAW5SIN STATUTORY INTERPRETATION

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(6) Contrary intention in new law?

  • If the presumption against retrospectivity is raised (and even if it is not), consider whether there is a contrary legislative intention evident in the old or (more usually) the new law. Whether there is a contrary legislative intention is determined using ordinary interpretative
  • principles and methods.
    If the presumption is raised and
    there is a contrary intention, then the new law applies.
    there is no contrary intention, then the old law applies.

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