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" In determining, therefore, the nature of the Act, regard must be
had to the substance rather than to the form. If a new Act is 'to
explain' an earlier Act, it would be without object unless construed
retrospective. An explanatory Act is generally passed to supply an
obvious omission or to clear up doubts as to the meaning of the
previous Act. It is well settled that if a statute is curative or merely
declaratory of the previous law retrospective operation is
generally intended. The language shall be deemed always to have
meant' or 'shall be deemed never to have included" is declaratory,
and is in plain terms retrospective. In the absence of clear words
indicating that the amending Act is declaratory, it would not be s.o
construed when the amended provision was clear and
unambiguous. An amending Act may be purely clarificatory to
clear a meaning of a provision of the principal Act which was
already implicit. A clarificatory amendment of this nature will
have retrospective effect and, therefore, if the principal Act was
existing law when the constitution came into force, the amending
Act also will be part of the existing law."
"The presumption against retrospective operation is not
applicable to declaratory statutes.... In determining, therefore, the
nature of the Act, regard must be had to the substance rather than
to the form. If a new Act is "to explain" an earlier Act, it would be
without object unless construed retrospectively. An explanatory
Act is generally passed to supply an obvious omission or to clear
up doubts as to the meaning of the previous Act. It is well settled
that if a statute is curative or merely declaratory of the previous
law retrospective operation is generally intended... An amending
Act may be purely declaratory to dear a meaning of a provision of
the principal Act which was already implicit. A clarificatory
amendment of this nature will have retrospective effect (ibid., pp.
468-69)".