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ii.
When repeal of existing provisions is required by a new law of same status,
then the repeal should be effected by an article in the new law rather than
by a separate law.
iii.
However, if the new law has the sole purpose
of repealing with out
substituting the law to be repealed, then in such
exceptional situation the
repeal can be made by a separate law, and in such event the drafter should
give adequate ground and reasons for the repeal
in the recital of the
repealing law, and the title should also indicate the purpose of this law by
using phrases like: “…Repealing….”, “….to Repeal….”, etc…
iv.
A drafter should make repeals by express and precise terms because
repeal of earlier law(s) should not have to be
implied from the mere fact
that they are inconsistent with the new law as this will open for dispute.
EXAMPLE:
Good example from Labor Proclamation No. 377/03 (Article
190)
“The Labor Proclamation No. 42/1993 (as amended) is hereby repealed.”
Avoid repealing by mere expression of “
all earlier laws (or provisions) inconsistent
with this Proclamation/Regulation are repealed.”
EXAMPLE: (From Sugar Industry Development Fund Establishment Proclamation
No. 415/2004)
“8. Inapplicable Laws
No law, regulation, directive or practice shall
have effect with respect to
matters provided for in this Proclamation in so far as it is found to be
contradictory/ inc
onsistent with this Proclamation.”
v.
Though repealing a law tacitly repeals all its amendments, when the law to
be repealed was amended, the drafter is, however, advised to cite the law
with a phrase “as amended” in bracket so as to avoid any doubt.
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