Social Security Act 2018

General provisions

9: Interpretation: references to old law, and using it as a guide

You could also call this:

"Understanding old law references in new laws"

When you read other laws or documents that mention old laws, you need to understand what they are referring to. If they mention the old Social Security Act 1964, you should think of the new Social Security Act, but not for some specific parts that are now in the Residential Care and Disability Support Services Act 2018. If they mention the old Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990, you should think of the new Social Security Act, but not for some specific parts that are now in the Artificial Limb Service Act 2018.

The new laws in the Social Security Act are based on the old laws, but are written in a new way. They are meant to have the same effect as the old laws. If you are unsure what a new law means, you can look at the old law it replaced to help you understand it.

There are some exceptions to this, which are listed in Schedule 11. You should also be aware that some new laws may have been changed after they started, and in those cases, you should look at the changed law. You can find more information about the changes in Schedule 10 and section 11.

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10: Comparative tables of old and new provisions, or

"What's changed: old laws compared to new laws in the Social Security Act 2018."

Part 1General provisions

9Interpretation: references to old law, and using it as a guide

  1. A reference in an enactment or a document to the following former enactments or to a provision of them, is to be interpreted as a reference to this Act, or to the corresponding provision of this Act, to the extent necessary to reflect sensibly the intent of the enactment or document:

  2. the Social Security Act 1964 (except sections 69FA and 132D, Part 4, and Schedules 27 and 30, which are provisions rewritten and replaced by the Residential Care and Disability Support Services Act 2018):
    1. the Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990 (except Part 3 and Schedule 3, which are provisions rewritten and replaced by the Artificial Limb Service Act 2018).
      1. Subsection (1) is subject to the consequential amendments in Schedule 10.

      2. The provisions of this Act—

      3. are the provisions of those former enactments in rewritten form; and
        1. are intended to have the same effect as the corresponding provisions of those former enactments.
          1. Subsection (3) is subject to subsections (5) and (6) and section 11.

          2. If the meaning of a provision of this Act that comes into force under section 2 (the new law) is unclear or gives rise to absurdity, the wording of a law that is repealed by section 455 or 456 and that corresponds to the new law (the old law) must be used to ascertain the meaning of the new law.

          3. Subsections (3) to (5) do not apply—

          4. to a new law listed in Schedule 11 (identified changes in legislation); or
            1. if a new law is affected by an amendment made after the new law’s commencement under section 2, to that new law after the amendment commences.
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