Section 17: Effect of repeal

17. Effect of repeal (1) Where an enactment is repealed, every subsidiary enactment made under the repealed enactment shall remain in force so far as it is not inconsistent with the repealing enactment. (2) Where an enactment remains in force under subsection (1), it may be amended by an enactment made under the repealing enactment. (3) Subject to subsection (4), the repeal of an enactment shall not— (a) revive anything not in force or not in existence at the time at which the repeal takes effect; (b) affect the previous operation of the repealed enactment or anything duly done or suffered under the repealed enactment; (c) affect any right, privilege, obligation or liability acquired, accrued or incurred under the repealed enactment; (d) affect any penalty, forfeiture or punishment incurred in respect of an offence committed against the repealed enactment; or (e) affect any investigation, proceeding or remedy in respect of a right, privilege, obligation, liability, penalty, forfeiture or punishment, and any investigation, proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be inflicted, as if the enactment had not been repealed. [Issue 1] I20 – 8 Revised Laws of Mauritius (4) Where any person is liable under a repealed enactment to a penalty, forfeiture or punishment which is lighter than that imposed by the repealing enactment, the lighter penalty, forfeiture, or punishment shall be inflicted.