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Guideline 17


It may be useful to structure the basic-units in a sequence of different kinds of provisions: provisions on purpose and applicability, definitions, rights and obligations, procedural provisions, sanctions, transitional and final provisions. It may also be useful to draft certain kinds of provisions in standard form.

17.1.The following kinds of provisions should be drafted in standard form:
  • provisions on purpose and applicability;
  • definitions;
  • sanctions;
  • transitional and final provisions (covering all of the following: any repeal of earlier Acts, application provisions, saving provisions, notwithstanding provisions, sunset provisions, provisions amending earlier Acts, the commencement date of the Act, and the operational duration of the Act).
17.2.It is difficult to prescribe standard forms for other kinds of provisions, including provisions on rights and obligations, and procedural provisions, since their structure depends on the objectives of the Act, as well as the degree of complexity of the system provided for.

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