An Act
for the Interpretation of Acts of Parliament and for Shortening their Language
1 Short title [see Note 1]
This
Act may be cited as the Acts
Interpretation Act 1901.
2 Application of Act
(1) Except so far as the contrary intention
appears, this Act applies to all Acts, including this Act.
(2) This Act shall bind the Crown.
Part II—Commencement of Acts
3 Meaning of commencement
(1) In every Act, commencement, in relation
to an Act or a provision of an Act, means the time at which the Act or
provision comes into operation.
(2) Where an Act, or any instrument (including any
rules regulations or by‑laws) made granted or issued under a power
conferred by an Act, is expressed to come into operation on a particular day
(whether the expression “come into operation” or “commence” is used), it shall
come into operation immediately on the expiration of the last preceding day.
4 Exercise of certain powers between passing
and commencing of Act
(1) Where an Act (in this section referred to as
the Act concerned), being:
(a) an Act enacted on or after the date of
commencement of this section that is not to come into operation immediately
upon its enactment; or
(b) an Act enacted before the date of commencement
of this section that did not come into operation on or before that date;
is expressed to confer power, or to amend another Act in
such a manner that the other Act, as amended, will confer power, to make an
appointment or to make an instrument of a legislative or administrative
character (including rules, regulations or by‑laws), then, unless the
contrary intention appears, the power may be exercised, and anything may be
done for the purpose of enabling the exercise of the power or of bringing the
appointment or instrument into effect, before the Act concerned comes into
operation as if it had come into operation.
(1A) Where:
(a) an Act that is in operation (in this
subsection called the parent Act) is expressed to confer power
to make an instrument of a legislative or administrative character (including
rules, regulations or by‑laws); and
(b) the Act concerned is expressed to amend the
parent Act in such a manner that the parent Act, as amended, will confer
additional power to make such an instrument;
then, unless the contrary intention appears:
(c) the powers mentioned in paragraphs (a)
and (b) may be exercised by making a single instrument; and
(d) such an instrument is to be treated as made
under subsection (1) so far as any provisions contained in it required an
exercise of the additional power mentioned in paragraph (b).
(2) An appointment made under subsection (1)
takes effect:
(a) on the day specified in the appointment, being
a day that is not earlier than the day on which the Act concerned comes into
operation; or
(b) if a day is not specified in the
appointment—on the day on which the Act concerned comes into operation.
(2A) Where, because of some or all of its
provisions (in this subsection called the relevant provisions), an instrument
is made under subsection (1), each relevant provision takes effect, as
declared in the instrument:
(a) on a specified date that is not earlier than
the date when the Act concerned comes into operation; or
(b) from a specified time on a specified date that
is not earlier than the date and time when the Act concerned comes into
operation; or
(c) on the date, or from the date and time, when
the Act concerned comes into operation.
(3) Where an Act is to come into operation on a date
to be fixed by a Proclamation or other instrument, the Proclamation or other
instrument may be made and published at any time after the enactment of the
Act.
(4) Where this section applies to an Act by reason
of the fact that that Act is expressed to amend another Act in the manner
referred to in subsection (1) and that other Act has not come into
operation, this section has effect as if the references in subsections (1),
(2) and (2A) to the coming into operation of the Act concerned were references
to the coming into operation of the other Act as amended by the Act concerned.
(5) In subsections (1), (1A), (2), (2A), (3)
and (4) a reference to an Act shall be read as including a reference to any
provision or provisions of an Act.
(6) In the application of this section to an
instrument of a legislative character (including such an instrument made by
virtue of this section):
(a) references in this section to the enactment of
an Act are to be read as references to the making of such an instrument; and
(b) references in this section to an Act other
than the Act concerned are to be read as references to instruments of a
legislative character.
5 Commencement of Acts
(1) Every Act to which the Royal Assent has been
given by the Governor‑General for and on behalf of the King on or before
31 December 1937, shall be deemed to have come into operation on the day
on which that Act received the Royal Assent, unless the contrary intention
appears in the Act.
(1A) Every Act (other than an Act to alter the
Constitution) to which the Royal Assent is given by the Governor‑General
for and on behalf of the King on or after 1 January 1938, shall come into
operation on the twenty‑eighth day after the day on which that Act
receives the Royal Assent, unless the contrary intention appears in the Act.
(1B) Every Act to alter the Constitution to which
the Royal Assent is given by the Governor‑General for and on behalf of
the King on or after 1 January 1938, shall come into operation on the day
on which that Act receives the Royal Assent, unless the contrary intention
appears in that Act.
(2) Every Act reserved for the signification of
the King’s pleasure thereon shall come into operation on the day on which His
Majesty’s assent is proclaimed in the Gazette
by the Governor‑General, unless the contrary intention appears in
such Act.
6 Evidence of date of assent or proclamation
The
date appearing on the copy of an Act printed by the Government Printer, and
purporting to be the date on which the Governor‑General assented thereto,
or made known the King’s assent, shall be evidence that such date was the date
on which the Governor‑General so assented or made known the King’s
assent, and shall be judicially noticed.
Part III—Repeal and expiration of Acts
7 Effect of repeal of Act
The
repeal of an Act or part thereof by which a previous Act or part thereof was
repealed shall not have the effect of reviving such last‑mentioned Act or
part thereof without express words.
8 Effect of repeal
Where
an Act repeals in the whole or in part a former Act, then unless the contrary
intention appears the repeal shall not:
(a) revive anything not in force or existing at
the time at which the repeal takes effect; or
(b) affect the previous operation of any Act so
repealed, or anything duly done or suffered under any Act so repealed; or
(c) affect any right privilege obligation or
liability acquired accrued or incurred under any Act so repealed; or
(d) affect any penalty forfeiture or punishment
incurred in respect of any offence committed against any Act so repealed; or
(e) affect any investigation legal proceeding or
remedy in respect of any such right privilege obligation liability penalty
forfeiture or punishment as aforesaid;
and any such investigation legal proceeding or remedy may
be instituted continued or enforced, and any such penalty forfeiture or
punishment may be imposed, as if the repealing Act had not been passed.
8A Implied repeals etc.
A
reference in section 7 or 8 to the repeal of an Act or of a part of an Act
includes a reference to:
(a) a repeal effected by implication;
(b) the abrogation or limitation of the effect of
the Act or part; and
(c) the exclusion of the application of the Act or
part to any person, subject‑matter or circumstance.
8B Effect of expiration of Act
Where
an Act or a part of an Act expires, lapses or otherwise ceases to have effect,
sections 7 and 8 apply as if the Act or part had been repealed by another
Act.
8C References to part of an Act
A
reference in section 7, 8, 8A or 8B to a part of an Act includes a
reference to any provision of, or words, figures, drawings or symbols in, an
Act.
9 Repealed Acts in force until substituted
provisions operate
Where
an Act repeals in the whole or in part a former Act and substitutes provisions
in lieu thereof, the repealed provisions shall remain in force until the
substituted provisions come into operation.
10 References to amended or re‑enacted
Acts
Where
an Act contains a reference to a short title that is or was provided by law for
the citation of another Act as originally enacted, or of another Act as
amended, then, except so far as the contrary intention appears:
(a) the reference shall be construed as a
reference to that other Act as originally enacted and as amended from time to
time; and
(b) where that other Act has been repealed and re‑enacted,
with or without modifications, the reference shall be construed as including a
reference to the re‑enacted Act as originally enacted and as amended from
time to time and, where, in connexion with that reference, particular
provisions of the repealed Act are referred to, being provisions to which
provisions of the re‑enacted Act correspond, the reference to those
particular provisions shall be construed as including a reference to those
corresponding provisions.
10A References to amended or re‑enacted
laws of States and Territories
Where
an Act contains a reference to a short title or other citation that is or was
provided by the law of a State or Territory for the citation of a law of that
State or Territory as originally enacted or made, or as amended, then, except
so far as the contrary intention appears:
(a) the reference shall be construed as a
reference to that law as originally enacted or made and as amended from time to
time; and
(b) where that law has been repealed and re‑enacted
or re‑made, with or without modifications, the reference shall be
construed as including a reference to the re‑enacted or re‑made law
as originally enacted or made and as amended from time to time and, where, in
connection with that reference, particular provisions of the repealed law are
referred to, being provisions to which provisions of the re‑enacted or re‑made
law correspond, the reference to those particular provisions shall be construed
as including a reference to those corresponding provisions.
11 Expiration of Act
The
expiration of an Act shall not affect any civil proceeding previously commenced
under such Act, but every such proceeding may be continued and everything in
relation thereto be done in all respects as if the Act continued in force.
Part IV—General provisions
12 Every section a substantive enactment
Every
section of an Act shall have effect as a substantive enactment without
introductory words.
13 Headings, schedules, marginal notes,
footnotes and endnotes
(1) The headings of the Parts Divisions and
Subdivisions into which any Act is divided shall be deemed to be part of the
Act.
(2) Every schedule to an Act shall be deemed to
form part thereof.
(3) No marginal note, footnote or endnote to an
Act, and no heading to a section of an Act, shall be taken to be part of the
Act.
14 Acts may be altered etc. in same session
An
Act may be altered amended or repealed in the same session of Parliament in
which it was passed.
14A Definitions inserted by amending Act
Where
an amending Act inserts a definition in a provision of the Act being amended,
but does not specify the position in that provision where it is to be inserted,
it shall be deemed to be inserted in the appropriate alphabetical position,
determined on a letter‑by‑letter basis.
14B Commencement of paragraphs etc. in amending
Act
Where:
(a) an Act makes an amendment of another Act; and
(b) the amendment is in the form of:
(i) a paragraph of a provision of the amending
Act;
(ii) an item (whether or not so described) in a
Schedule to the amending Act; or
(iii) a
paragraph of such an item;
a separate commencement date may be given to the
amendment, paragraph or item as if the paragraph or item were a self‑contained
provision of the amending Act.
15 Amending Act to be construed with amended Act
Every
Act amending another Act shall, unless the contrary intention appears, be
construed with such other Act and as part thereof.
15A Construction of Acts to be subject to Constitution
Every
Act shall be read and construed subject to the Constitution, and so as not to
exceed the legislative power of the Commonwealth, to the intent that where any
enactment thereof would, but for this section, have been construed as being in
excess of that power, it shall nevertheless be a valid enactment to the extent
to which it is not in excess of that power.
15AA Regard to be had to purpose or object of Act
(1) In the interpretation of a provision of an
Act, a construction that would promote the purpose or object underlying the Act
(whether that purpose or object is expressly stated in the Act or not) shall be
preferred to a construction that would not promote that purpose or object.
15AB Use of extrinsic material in the
interpretation of an Act
(1) Subject to subsection (3), in the
interpretation of a provision of an Act, if any material not forming part of
the Act is capable of assisting in the ascertainment of the meaning of the
provision, consideration may be given to that material:
(a) to confirm that the meaning of the provision
is the ordinary meaning conveyed by the text of the provision taking into
account its context in the Act and the purpose or object underlying the Act; or
(b) to determine the meaning of the provision
when:
(i) the provision is ambiguous or obscure; or
(ii) the ordinary meaning conveyed by the text of
the provision taking into account its context in the Act and the purpose or
object underlying the Act leads to a result that is manifestly absurd or is
unreasonable.
(2) Without limiting the generality of subsection (1),
the material that may be considered in accordance with that subsection in the
interpretation of a provision of an Act includes:
(a) all matters not forming part of the Act that
are set out in the document containing the text of the Act as printed by the
Government Printer;
(b) any relevant report of a Royal Commission, Law
Reform Commission, committee of inquiry or other similar body that was laid
before either House of the Parliament before the time when the provision was
enacted;
(c) any relevant report of a committee of the
Parliament or of either House of the Parliament that was made to the Parliament
or that House of the Parliament before the time when the provision was enacted;
(d) any treaty or other international agreement
that is referred to in the Act;
(e) any explanatory memorandum relating to the
Bill containing the provision, or any other relevant document, that was laid
before, or furnished to the members of, either House of the Parliament by a
Minister before the time when the provision was enacted;
(f) the speech made to a House of the Parliament
by a Minister on the occasion of the moving by that Minister of a motion that
the Bill containing the provision be read a second time in that House;
(g) any document (whether or not a document to
which a preceding paragraph applies) that is declared by the Act to be a
relevant document for the purposes of this section; and
(h) any relevant material in the Journals of the
Senate, in the Votes and Proceedings of the House of Representatives or in any
official record of debates in the Parliament or either House of the Parliament.
(3) In
determining whether consideration should be given to any material in accordance
with subsection (1), or in considering the weight to be given to any such
material, regard shall be had, in addition to any other relevant matters, to:
(a) the desirability of persons being able to rely
on the ordinary meaning conveyed by the text of the provision taking into
account its context in the Act and the purpose or object underlying the Act;
and
(b) the need to avoid prolonging legal or other
proceedings without compensating advantage.
15AC Changes to style not to affect meaning
Where:
(a) an Act has expressed an idea in a particular
form of words; and
(b) a later Act appears to have expressed the same
idea in a different form of words for the purpose of using a clearer style;
the ideas shall not be taken to be different merely
because different forms of words were used.
15AD Examples
Where
an Act includes an example of the operation of a provision:
(a) the example shall not be taken to be
exhaustive; and
(b) if the example is inconsistent with the
provision, the provision prevails.
15B Application of Acts in coastal sea
(1) Except so far as the contrary intention
appears:
(a) the provisions of every Act, whether passed
before or after the commencement of this section, shall be taken to have effect
in and in relation to the coastal sea of Australia as if the coastal sea of
Australia were part of Australia; and
(b) any reference in an Act, whether passed before
or after the commencement of this section, to Australia
or to the Commonwealth shall be read as including a reference to the coastal
sea of Australia.
(2) Except so far
as the contrary intention appears:
(a) the provisions of an Act, whether passed
before or after the commencement of this section, that are in force in an
external Territory shall be taken to have effect in and in relation to the coastal
sea of the Territory as if the coastal sea of the Territory were part of the
Territory; and
(b) any reference in an Act, whether passed before
or after the commencement of this section, to all or any of the external
Territories (whether or not a particular Territory or particular Territories is
or are referred to) shall be read as including a reference to the coastal sea
of any Territory to which the reference relates.
(3) Nothing in subsection (1) or (2) shall be
taken as limiting the operation that any Act had before the commencement of
this section.
(4) In this section, coastal sea:
(a) in relation to Australia,
means:
(i) the territorial sea of Australia;
and
(ii) the sea on the landward side of the
territorial sea of Australia
and not within the limits of a State or internal Territory;
and
includes the airspace over, and the sea‑bed and subsoil beneath, any such
sea; and
(b) in relation to an external Territory, means:
(i) the territorial sea adjacent to the Territory;
and
(ii) the sea on the landward side of the
territorial sea adjacent to the Territory and not within the limits of the
Territory;
and
includes the airspace over, and the sea‑bed and subsoil beneath, any such
sea.
15C Jurisdiction of courts
Where
a provision of an Act, whether expressly or by implication, authorizes a civil
or criminal proceeding to be instituted in a particular court in relation to a
matter:
(a) that provision shall be deemed to vest that
court with jurisdiction in that matter;
(b) except so far as the contrary intention
appears, the jurisdiction so vested is not limited by any limits to which any
other jurisdiction of the court may be subject; and
(c) in the case of a court of a Territory, that
provision shall be construed as providing that the jurisdiction is vested so
far only as the Constitution permits.
Part V—Words and references in Acts
16 References to the Sovereign
In
any Act references to the Sovereign reigning at the time of the passing of such
Act, or to the Crown, shall unless the contrary intention appears be construed
as references to the Sovereign for the time being.
16A References to the Governor‑General
Where,
in an Act, the Governor‑General is referred to, the reference shall,
unless the contrary intention appears, be deemed to include:
(a) the person for the time being administering
the Government of the Commonwealth; or
(b) where the reference occurs in or in relation
to a provision conferring on the Governor‑General a power or function
which the Governor‑General or the person administering the Government of
the Commonwealth has for the time being assigned to a person as his deputy,
that last‑mentioned person in his capacity as deputy;
and shall, unless the contrary intention appears, be read
as referring to the Governor‑General, or a person so deemed to be
included in the reference, acting with the advice of the Executive Council.
16B References to the Governor of a State
Where,
in an Act, the Governor of a State is referred to, the reference shall, unless
the contrary intention appears, be deemed to include the Governor for the time
being of the State or any other person who is, for the time being, the chief
executive officer or administrator of the government of the State.
16C References to Stipendiary Magistrate and
Magistrate
(1) Where, in an Act, reference is made to a
Stipendiary Magistrate, the reference shall be read as including a reference to
any Magistrate in respect of whose office an annual salary is payable.
(2) Where, in an Act passed after the date of commencement
of this section, reference is made to a Magistrate, the reference shall, unless
the contrary intention appears, be read as a reference to:
(a) a Chief, Police, Stipendiary, Resident or
Special Magistrate; or
(b) any other Magistrate in respect of whose
office an annual salary is payable.
(3) Unless the contrary intention appears, a
reference in an Act to a Magistrate does not include a
reference to a Federal Magistrate.
17 Constitutional and official definitions [see Note 2]
In
any Act, unless the contrary intention appears:
(a) Australia or the Commonwealth means
the Commonwealth of Australia and, when used in a geographical sense, includes
the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands,
but does not include any other external Territory;
(c) The Constitution shall mean the
Constitution of the Commonwealth;
(d) The Constitution Act shall mean The Commonwealth of Australia Constitution
Act;
(e) The Parliament shall mean the
Parliament of the Commonwealth;
(g) The Executive Council shall mean the
Federal Executive Council;
(h) Minister of State or Minister
shall mean one of the King’s Ministers of State for the Commonwealth;
(j) Proclamation shall mean Proclamation
by the Governor‑General that is published in the Gazette or entered on the Federal Register of Legislative
Instruments established under the Legislative
Instruments Act 2003;
(k) Consolidated Revenue Fund means the
Consolidated Revenue Fund referred to in section 81 of the Constitution;
(ka) Loan Fund means the Loan Fund
established by section 19 of the Financial
Management and Accountability Act 1997;
(kb) Reserved Money Fund means the
Reserved Money Fund established by section 20 of the Financial Management and Accountability Act 1997;
(l) The seat of Government shall mean
the seat of Government of the Commonwealth;
(m) Gazette means the Commonwealth of Australia Gazette, and
includes the Australian Government
Gazette published during the period commencing on 1 July 1973 and ending immediately before
the commencement of subsection 5(2) of the Acts
Interpretation Amendment Act 1976;
(n) The Government Printer shall include
any person printing for the Government of the Commonwealth;
(o) State shall mean a State of the
Commonwealth;
(p) Territory, Territory of the Commonwealth,
Territory
under the authority of the Commonwealth or Territory of Australia
means a Territory referred to in section 122 of the Constitution, and
includes a Territory administered by the Commonwealth under a Trusteeship
Agreement;
(pb) The Jervis Bay Territory means the
Territory referred to in the Jervis Bay Territory Acceptance Act 1915;
(pc) The Northern Territory means the
Northern Territory of Australia;
(pd) External Territory
means a Territory, not being an internal Territory, for the government of which
as a Territory provision is made by any Act;
(pe) Internal Territory
means the Australian Capital Territory,
the Jervis Bay
Territory or the Northern
Territory;
(q) Prescribed means prescribed by the
Act, or by Regulations under the Act;
(r) Regulations means Regulations under
the Act.
In
any Act, unless the contrary intention appears:
acting SES employee has the same meaning as in the Public Service Act 1999.
APS employee has the same meaning as in the Public Service Act 1999.
SES employee has the same meaning as in the Public Service Act 1999.
17A Paper or document purporting to be printed by
Government Printer
For
the purposes of an Act in which reference is made to a paper or document
purporting to be printed by the Government Printer, the words “Government
Printer of the Commonwealth”, “Government Printer of the Commonwealth of
Australia”, “Commonwealth Government Printer” or “Government Printer of
Australia” appearing on a paper or document shall be deemed to refer to the
Government Printer.
18 Interpretation
In
any Act, unless the contrary intention appears:
(a) The United
Kingdom shall mean the United
Kingdom of Great Britain and Northern Ireland;
(b) British possession shall mean any
part of the King’s dominions exclusive of the United Kingdom, and where parts
of such dominions are under both a central and a local Legislature all parts
under the central Legislature shall for the purposes of this definition be
deemed to be one British possession.
18A Parts of speech and grammatical forms
In
any Act, unless the contrary intention appears, where a word or phrase is given
a particular meaning, other parts of speech and grammatical forms of that word
or phrase have corresponding meanings.
18B How Chairs and Deputy Chairs may be referred
to
(1) Where an Act establishes an office of Chair of
a body, the Chair may be referred to as Chair, Chairperson, Chairman,
Chairwoman or by any other such term as the person occupying the office so
chooses.
(2) If a person occupying an office mentioned in subsection (1)
does not make known his or her choice of term, the person may be referred to by
whichever of the following terms that a person addressing that person considers
appropriate:
(a) Chair;
(b) Chairperson;
(c) Chairman;
(d) Chairwoman.
(3) Where an Act establishes an office of Deputy
Chair of a body, the Deputy Chair may be referred to as Deputy Chair, Deputy
Chairperson, Deputy Chairman, Deputy Chairwoman or by any other such term as
the person occupying the office so chooses.
(4) If a person occupying an office mentioned in subsection (3)
does not make known his or her choice of term, the person may be referred to by
whichever of the following terms that a person addressing that person considers
appropriate:
(a) Deputy Chair;
(b) Deputy Chairperson;
(c) Deputy Chairman;
(d) Deputy Chairwoman.
18C Portfolio Minister may authorise a non‑portfolio
Minister or a member of the Executive Council who is not a Minister to act on
his or her behalf in the performance of statutory functions or the exercise of
statutory powers
(1) A Minister (the authorising Minister) who
administers (whether alone or jointly with one or more other Ministers) an Act
or a provision of an Act may authorise:
(a) a Minister who does not administer the Act or
provision; or
(b) a member of the Executive Council who is not a
Minister;
to act on behalf of the authorising Minister in the
performance of functions, or the exercise of powers, that the authorising
Minister may perform or exercise under the Act or provision.
(2) An authorisation under subsection (1) in
relation to an Act or a provision of an Act extends to the performance of
functions, or the exercise of powers, that the authorising Minister may perform
or exercise under an instrument (including a regulation, rule or Proclamation)
having effect under or for the purposes of the Act or provision.
(3) Subject to subsection (4), an
authorisation under subsection (1) may be expressed:
(a) to have effect only during a period or
periods, or during the existence of a circumstance or circumstances, referred
to in the authorisation; or
(b) to take effect immediately, or at a time
referred to in the authorisation, and afterwards to continue to have effect
until another person is appointed to the office held by the authorising
Minister.
(4) Despite subsection (3), an authorisation
under subsection (1) may be revoked at any time by the authorising
Minister.
(5) An authorisation under subsection (1),
and the revocation of such an authorisation, must be in writing.
(6) This section does not affect the giving, under
a power existing apart from this section, of an authorisation to a Minister or
other member of the Executive Council to act on behalf of another Minister.
(7) In this section:
function includes duty.
19 Mention of Minister
Where
in an Act any Minister is referred to, such reference shall be deemed to
include any Minister or member of the Executive Council for the time being
acting for or on behalf of such Minister.
19A References to Ministers and Departments
(1) If a provision of an Act:
(aa) refers to a Minister by using the expression
“the Minister” without specifying which Minister is referred to; or
(ab) refers to a particular Minister;
then, unless the contrary intention appears, the reference
is a reference to:
(a) if, for the time being, different Ministers
administer the provision in respect of different matters:
(i) if 2 or more Ministers administer the
provision in respect of the relevant matter—any one of those Ministers; or
(ii) if only one Minister administers the provision
in respect of the relevant matter—that Minister;
(b) if paragraph (a) does not apply and, for
the time being, 2 or more Ministers administer the provision—any one of those
Ministers; or
(c) if paragraphs (a) and (b) do not
apply—the Minister for the time being administering the provision.
(2) Where an Act refers to a Minister, specifying
the Minister merely by reference to the fact that the Minister administers a
specified Act or enactment, subsection (1) applies as if references in paragraphs (1)(a),
(b) and (c) to the provision were references to the specified Act or enactment.
(3) Where a provision of an Act refers to a
Department, using the expression “the Department” without specifying which
Department is referred to, then, unless the contrary intention appears, the
expression means:
(a) if, for the time being, different Ministers
administer the provision in respect of different matters—the department of
state of the Commonwealth that:
(i) deals with the relevant matter; and
(ii) is administered by the Minister or Ministers
administering the provision in respect of that matter; or
(b) in any other case—the Department of State of
the Commonwealth that:
(i) deals with the matters to which the provision
relates; and
(ii) is administered by the Minister or Ministers
for the time being administering the provision.
(4) For avoidance of doubt, it is declared that
where:
(a) a provision of an Act is administered by 2 or
more Ministers; and
(b) by virtue of this section, the provision
requires or permits anything to be done by or in relation to any one of those
Ministers;
the provision shall not be taken to require or permit it
to be done in any particular case by or in relation to more than one of those
Ministers.
19B Reference to Minister, Department etc. where
no longer any such Minister, or Department abolished etc.
(1) Where:
(a) reference is made in a provision of an Act to
a particular Minister of State;
(b) there is no longer any such Minister; and
(c) the Governor‑General, by order under
this section, directs that the provision, or provisions that include the
provision, shall have effect:
(i) as if there were substituted for that
reference a reference to a Minister or Ministers specified in the order; or
(ii) as if, in so far as the provision applies in a
particular respect specified in the order, being one of several respects so
specified, there were substituted for that reference a reference to a Minister
or Ministers specified in the order;
the provision shall, on and from the date of the order or
such later date as is specified in the order, have effect accordingly for all
purposes, including the purpose of the making of any subsequent order under
this subsection or subsection 19BA(1), other than such an order that is
expressed to have effect as if the first‑mentioned order had not been
made.
(2) Where:
(a) reference is made in a provision of an Act to
a particular Department of State of the Commonwealth;
(b) the Department has been abolished or the name
of the Department has been changed; and
(c) the Governor‑General, by order under
this section, directs that the provision, or provisions that include the
provision, shall have effect:
(i) as if there were substituted for that
reference a reference to such Department as is specified in the order; or
(ii) as if, in so far as the provision applies in a
particular respect specified in the order, being one of several respects so
specified, there were substituted for that reference a reference to such
Department as is specified in the order;
the provision shall, on and from the date of the order or
such later date as is specified in the order, have effect accordingly for all
purposes, including the purpose of the making of any subsequent order under
this subsection or subsection 19BA(2), other than such an order that is
expressed to have effect as if the first‑mentioned order had not been
made.
(3) Where:
(a) reference is made in a provision of an Act to
a particular office, being an office of Secretary of a Department within the
meaning of the Public Service Act 1999;
(b) the office has been abolished (whether by
reason of the abolition of the Department or otherwise) or the name of the
office has been changed; and
(c) the Governor‑General, by order under
this section, directs that the provision, or provisions that include the
provision, shall have effect:
(i) as if there were substituted for that reference
a reference to such office as is specified in the order; or
(ii) as if, in so far as the provision applies in a
particular respect specified in the order, being one of several respects so
specified, there were substituted for that reference a reference to such office
as is specified in the order;
the provision shall, on and from the date of the order or
such later date as is specified in the order, have effect accordingly for all
purposes, including the purpose of the making of any subsequent order under
this subsection or subsection 19BA(3), other than such an order that is
expressed to have effect as if the first‑mentioned order had not been
made.
19BA Reference to Minister, Department etc.
inconsistent with changed administrative arrangements
(1) Where:
(a) reference is made in a provision of an Act to
a particular Minister of State;
(b) because of any order or appointment made by
the Governor‑General, there is a change in the administration of the
provision or of provisions that include the provision or the reference to that
Minister is no longer appropriate; and
(c) the Governor‑General, by order under
this section, directs that the provision, or provisions that include the
provision, shall have effect:
(i) as if there were substituted for that
reference a reference to a Minister or Ministers specified in the order; or
(ii) as if, in so far as the provision applies in a
particular respect specified in the order, being one of several respects so
specified, there were substituted for that reference a reference to a Minister
or Ministers specified in the order;
the provision shall, on and from the date of the order or
such later date as is specified in the order, have effect accordingly for all
purposes, including the purpose of the making of any subsequent order under
this subsection or subsection 19B(1), other than such an order that is
expressed to have effect as if the first‑mentioned order had not been
made.
(2) Where:
(a) reference is made in a provision of an Act to
a particular Department of State of the Commonwealth;
(b) by virtue of administrative arrangements
ordered by the Governor‑General, there is a change in the matters dealt
with by the Department but the name of the Department is not changed; and
(c) the Governor‑General, by order under
this section, directs that the provision, or provisions that include the
provision, shall have effect:
(i) as if there were substituted for that
reference a reference to such Department as is specified in the order; or
(ii) as if, in so far as the provision applies in a
particular respect specified in the order, being one of several respects so
specified, there were substituted for that reference a reference to such
Department as is specified in the order;
the provision shall, on and from the date of the order or
such later date as is specified in the order, have effect accordingly for all
purposes, including the purpose of the making of any subsequent order under
this subsection or subsection 19B(2), other than such an order that is
expressed to have effect as if the first‑mentioned order had not been
made.
(3) Where:
(a) reference is made in a provision of an Act to
a specified office, being an office of Secretary of a Department within the
meaning of the Public Service Act 1999;
(b) by virtue of administrative arrangements
ordered by the Governor‑General, there is a change in the matters dealt
with by the Department but the name of the office is not changed; and
(c) the Governor‑General, by order under
this section, directs that the provision, or provisions that include the
provision, shall have effect:
(i) as if there were substituted for that
reference a reference to such office as is specified in the order; or
(ii) as if, in so far as the provision applies in a
particular respect specified in the order, being one of several respects so
specified, there were substituted for that reference a reference to such office
as is specified in the order;
the provision shall, on and from the date of the order or
such later date as is specified in the order, have effect accordingly for all
purposes, including the purpose of the making of any subsequent order under
this subsection or subsection 19B(3), other than such an order that is
expressed to have effect as if the first‑mentioned order had not been made.
(4) The provisions of section 48 (except paragraphs (1)(a)
and (b) and subsections (2) and (6)) apply, by force of this subsection,
to an order under this section in like manner as those provisions apply in
relation to a regulation.
(5) Where an order is disallowed, or is to be
deemed to be disallowed, under a provision of section 48 as applied by subsection (4),
each provision to which the order relates has effect from and including the
date of the disallowance as if the disallowed order had not been made.
19BAA Application of sections 19B and 19BA
where Department abolished and Department with same name established
Where
a Department of State of the Commonwealth is abolished and, immediately after
its abolition, a Department with the same name as the abolished Department is
established:
(a) the first‑mentioned Department shall,
for the purposes of section 19B, be deemed not to have been abolished; and
(b) that Department and the other Department
shall, for the purposes of section 19BA, be deemed to be the same
Department.
19BB Revocation of orders made under sections 19B
and 19BA
(1) The Governor‑General may, by order under
this section, revoke, in whole or in part, an order made under section 19B
or 19BA.
(2) Where an order under section 19B or 19BA
in force in relation to a provision of an Act is revoked by an order under subsection (1),
in whole or with respect to that provision, the provision has effect on and
from the date of the order under subsection (1) or such later date as is
specified in that order as if the revoked order had not been made in relation
to that provision.
19BC Orders under sections 19B, 19BA and 19BB
to be published in Gazette
Where
an order is made by the Governor‑General under section 19B, 19BA or
19BB, the Minister shall cause a copy of the order to be published in the Gazette.
19C References in agreements to a Department,
Minister, officer or body
(1) Where an agreement is or has been entered
into, either before or after the commencement of this section, by or on behalf
of the Commonwealth and, after the date of the agreement, the functions of a
Department of State of the Commonwealth in relation to the administration of
matters to which the agreement relates (in this section referred to as the
former Department) are or have been allotted to another Department (in
this section referred to as the new Department):
(a) any reference in the agreement to a Minister
administering the former Department shall be read as a reference to a Minister
administering the new Department or to a member of the Executive Council acting
for the time being for him and on his behalf;
(b) any reference in the agreement to the former
Department shall be read as a reference to the new Department; and
(c) any reference in the agreement to an officer
or body of persons shall be read as a reference to:
(i) any other officer or body for the time being
exercising the powers or performing the functions of the first‑mentioned
officer or body; or
(ii) an officer or body specified, by order, by a
Minister administering the new Department.
(2) In this section:
officer includes an APS employee.
20 Mention of an officer in general terms
Where
in an Act any person holding or occupying a particular office or position is
mentioned or referred to in general terms, such mention or reference shall
unless the contrary intention appears be deemed to include all persons who at
any time occupy for the time being, or perform for the time being the duties
of, the said office or position.
21 Office etc. means office etc. of the
Commonwealth
(1) In any Act, unless the contrary intention
appears:
(a) references to any officer or office shall be
construed as references to such officer or office in and for the Commonwealth;
and
(b) references to localities jurisdictions and
other matters and things shall be construed as references to such localities
jurisdictions and other matters and things in and of the Commonwealth.
(2) In this section:
office includes a position occupied by an APS employee.
officer includes an APS employee.
22 Meaning of certain words
(1) In any Act, unless the contrary intention
appears:
(a) expressions used to denote persons generally
(such as “person”, “party”, “someone”, “anyone”, “no‑one”, “one”,
“another” and “whoever”), include a body politic or corporate as well as an
individual;
(aa) individual means a natural person;
(b) Month shall mean calendar month;
(c) Land shall include messuages
tenements and hereditaments, corporeal and incorporeal, of any tenure or
description, and whatever may be the estate or interest therein;
(d) Estate shall include any estate or
interest charge right title claim demand lien or incumbrance at law or in
equity;
(e) Financial year means a period of 12
months commencing on 1 July;
(f) Foreign country means any country
(whether or not an independent sovereign state) outside Australia
and the external Territories;
(g) Calendar month means a period
commencing at the beginning of a day of one of the 12 months of the year and
ending immediately before the beginning of the corresponding day of the next
month or, if there is no such corresponding day, ending at the expiration of
the next month;
(h) Calendar year means a period of 12
months commencing on 1 January; and
(j) Contravene includes fail to comply
with.
(2) Express references in an Act to companies,
corporations or bodies corporate do not imply that expressions in the Act of
the kind mentioned in paragraph (1)(a) do not include companies,
corporations or bodies corporate.
(3) In any Act, unless the contrary intention
appears, a reference to the law of the Commonwealth or to a law of the
Commonwealth does not include, and shall be deemed never to have included, a
reference to a law in force in a Territory in so far as the law is so in force
by virtue of an Act providing for the acceptance, administration or government
of that Territory.
23 Rules as to gender and number
In
any Act, unless the contrary intention appears:
(a) words importing a gender include every other
gender; and
(b) words in the singular number include the
plural and words in the plural number include the singular.
25 References to writing, documents and records
In
any Act, unless the contrary intention appears:
document includes:
(a) any paper or other material on which there is
writing;
(b) any paper or other material on which there are
marks, figures, symbols or perforations having a meaning for persons qualified
to interpret them; and
(c) any article or material from which sounds,
images or writings are capable of being reproduced with or without the aid of
any other article or device.
record includes information stored or recorded by means of a
computer.
writing includes any mode of representing or reproducing words,
figures, drawings or symbols in a visible form.
25A Production
of records kept in computers etc.
Where
a person who keeps a record of information by means of a mechanical, electronic
or other device is required by or under an Act to produce the information or a
document containing the information to, or make a document containing the
information available for inspection by, a court, tribunal or person, then,
unless the court, tribunal or person otherwise directs, the requirement shall
be deemed to oblige the person to produce or make available for inspection, as
the case may be, a writing that reproduces the information in a form capable of
being understood by the court, tribunal or person, and the production of such a
writing to the court, tribunal or person constitutes compliance with the
requirement.
25B Alterations of names and constitutions
(1) Where an Act alters the name of a body
(whether or not the body is incorporated) or alters the name of an office,
then, unless the contrary intention appears:
(a) the body or office continues in existence under
the new name so that its identity is not affected; and
(b) in any Act, in any instrument under an Act, in
any award or other industrial determination or order or any industrial
agreement, in any other order (whether executive, judicial or otherwise), in
any contract, in any pleading in, or process issued in connection with, any
legal or other proceedings or in any other instrument, a reference to the body
or the office under the former name shall, except in relation to matters that
occurred before the alteration took place, be construed as a reference to the
body or the office under the new name.
(1A) Where a law of a State or Territory alters the
name of a body (whether or not incorporated) or of an office, then, unless the
contrary intention appears, a reference in an Act or an instrument made under
an Act to the body or office under the former name is to be construed, except
in relation to matters that occurred before the alteration, as a reference to
the body or office under the new name.
(2) Where an Act alters the constitution of a body
(whether or not the body is incorporated), then, unless the contrary intention
appears:
(a) the body continues in existence as newly
constituted so that its identity is not affected;
(b) the alteration does not affect any functions,
powers, property, rights, liabilities or obligations of the body;
(c) the alteration does not affect any legal or
other proceedings instituted or to be instituted by or against the body, and
any legal or other proceedings that might have been continued or commenced by
or against the body as previously constituted may be continued or commenced by
or against the body as newly constituted; and
(d) the alteration does not affect any
investigation or inquiry being or proposed to be undertaken by any tribunal,
authority or person into any action taken or practice engaged in by the body
before the alteration took place, and any investigation or inquiry that might
have been continued or commenced into any such action or practice may be continued
or commenced as if the action had been taken or the practice had been engaged
in by the body as newly constituted.
(3) In this section:
office includes a position occupied by an APS employee.
25C Compliance with forms
Where
an Act prescribes a form, then, unless the contrary intention appears, strict
compliance with the form is not required and substantial compliance is
sufficient.
25D Content of statements of reasons for
decisions
Where
an Act requires a tribunal, body or person making a decision to give written
reasons for the decision, whether the expression “reasons”, “grounds” or any
other expression is used, the instrument giving the reasons shall also set out
the findings on material questions of fact and refer to the evidence or other material
on which those findings were based.
25E Attainment of particular age
For
the purposes of any Act, unless the contrary intention appears, the time at
which a person attains a particular age expressed in years is the commencement
of the relevant anniversary of the date of the birth of that person.
Part VI—Judicial expressions
26 Judicial definitions
In
any Act, unless the contrary intention appears:
(a) The High Court shall mean the High
Court of Australia;
(b) Federal Court shall mean the High
Court or any court created by the Parliament;
(c) Court exercising federal jurisdiction
shall mean any court when exercising federal jurisdiction and shall include
federal courts;
(d) Court of summary jurisdiction shall
mean any justice or justices of the peace or other magistrate of the
Commonwealth or part of the Commonwealth, or of a State or part of a State, or
of an external Territory, sitting as a court (other than the Federal
Magistrates Court) for the making of summary orders or the summary punishment
of offences under the law of the Commonwealth or part of the Commonwealth or
under the law of the State or external Territory or by virtue of his or their
commission or commissions or any Imperial Act;
(e) Justice of the Peace includes a
Justice of the Peace for a State or part of a State or for a Territory.
27 Meaning of certain words [see Note 3]
In
any Act, unless the contrary intention appears:
(b) The words “oath” and “affidavit” shall, in the
case of persons allowed by law to affirm declare or promise instead of
swearing, include affirmation, declaration, and promise, and the word “swear”
shall in the like case include affirm, declare, and promise;
(c) The words “statutory declaration” shall mean a
declaration made by virtue of any Act authorizing a declaration to be made
otherwise than in the course of a judicial proceeding.
A
reference in a provision of an Act to any one or more of the following in
connection with court proceedings:
(a) a summons;
(b) an information;
(c) a claim;
(d) a complaint;
(e) a declaration;
is taken to include a reference to any document through
which proceedings may be instituted in a court.
Note: An
example of such a document is a court attendance notice under the Criminal Procedure Act 1986 of New
South Wales.
28 Rules of Court
(1) In any Act, unless the contrary intention
appears, the expression “Rules of Court” when used in relation to any court
shall mean rules made by the authority having for the time being power to make
rules or orders regulating the practice and procedure of such court.
(2) The power of such authority to make Rules of
Court shall, unless the contrary intention appears, include a power to make
Rules of Court for the purpose of any Act which directs or authorizes anything
to be done by Rules of Court.
28A Service of documents
(1) For the purposes of any Act that requires or
permits a document to be served on a person, whether the expression “serve”,
“give” or “send” or any other expression is used, then, unless the contrary
intention appears, the document may be served:
(a) on a natural person:
(i) by delivering it to the person personally; or
(ii) by leaving it at, or by sending it by pre‑paid
post to, the address of the place of residence or business of the person last
known to the person serving the document; or
(b) on a body corporate—by leaving it at, or
sending it by pre‑paid post to, the head office, a registered office or a
principal office of the body corporate.
(2) Nothing in subsection (1):
(a) affects the operation of any other law of the
Commonwealth, or any law of a State or Territory, that authorizes the service
of a document otherwise than as provided in that subsection; or
(b) affects the power of a court to authorize service
of a document otherwise than as provided in that subsection.
29 Meaning of service by post
(1) Where an Act authorizes or requires any
document to be served by post, whether the expression “serve” or the expression
“give” or “send” or any other expression is used, then unless the contrary
intention appears the service shall be deemed to be effected by properly
addressing prepaying and posting the document as a letter, and unless the
contrary is proved to have been effected at the time at which the letter would
be delivered in the ordinary course of post.
(2) This section does not affect the operation of
section 160 of the Evidence Act 1995.
Part VII—Powers conferred and duties imposed by Acts
33 Exercise of powers and duties
(1) Where an Act confers a power or imposes a
duty, then, unless the contrary intention appears, the power may be exercised
and the duty shall be performed from time to time as occasion requires.
(2) Where an Act confers a power or imposes a duty
on the holder of an office as such, then, unless the contrary intention
appears, the power may be exercised and the duty shall be performed by the
holder for the time being of the office.
(2AA) In subsection (2), office includes a
position occupied by an APS employee.
(2A) Where an Act assented to after the
commencement of this subsection provides that a person, court or body may do a
particular act or thing, and the word may is used, the act or thing may be
done at the discretion of the person, court or body.
(2B) Where an Act confers a power or function, or
imposes a duty, on a body, whether incorporated or unincorporated, the exercise
of the power or the performance of the function or duty is not affected merely
because of a vacancy or vacancies in the membership of the body.
(3) Where an Act confers a power to make, grant or
issue any instrument (including rules, regulations or by‑laws) the power
shall, unless the contrary intention appears, be construed as including a power
exercisable in the like manner and subject to the like conditions (if any) to
repeal, rescind, revoke, amend, or vary any such instrument.
(3A) Where an Act confers a power to make, grant or
issue any instrument (including rules, regulations or by‑laws) with
respect to particular matters (however the matters are described), the power
shall be construed as including a power to make, grant or issue such an
instrument with respect to some only of those matters or with respect to a
particular class or particular classes of those matters and to make different provision
with respect to different matters or different classes of matters.
(3B) Where an Act confers a power to make, grant or
issue any instrument (including rules, regulations or by‑laws), the power
shall not be taken, by implication, not to include the power to make provision
for or in relation to a particular aspect of a matter by reason only that
provision is made by the Act in relation to another aspect of that matter or in
relation to another matter.
(4) Where an Act confers upon any person or authority
a power to make appointments to any office or place, the power shall, unless
the contrary intention appears, be construed as including a power to appoint a
person to act in the office or place until:
(a) a person is appointed to the office or place;
or
(b) the expiration of 12 months after the office
or place was created or became vacant, as the case requires:
whichever first happens, and as also including a power to
remove or suspend any person appointed, and to appoint another person
temporarily in the place of any person so suspended or in place of any sick or
absent holder of such office or place:
Provided that
where the power of such person or authority to make any such appointment is
only exercisable upon the recommendation or subject to the approval or consent
of some other person or authority, such power to make an appointment to act in
an office or place or such power of removal shall, unless the contrary
intention appears, only be exercisable upon the recommendation or subject to
the approval or consent of such other person or authority.
(4A) In any Act, appoint includes re‑appoint.
(5) Where an Act confers a power to make, grant or
issue an instrument (including rules, regulations or by‑laws) prescribing
penalties not exceeding a specified amount or imprisonment for a specified
period, that limitation on the penalties that may be prescribed does not
prevent the instrument from requiring the making of a statutory declaration.
33A Acting appointments
(1) Where a provision of an Act (other than
subsection 33(4) of this Act) confers on a person or body (in this section
called the appointer) a power to appoint a person (in this section called
the appointee)
to act in a particular office, then, except so far as the Act otherwise
provides, the following paragraphs apply in relation to an appointment made
under the provision:
(a) the appointment may be expressed to have
effect only in the circumstances specified in the instrument of appointment;
(b) the appointer may:
(i) determine the terms and conditions of the
appointment, including remuneration and allowances; and
(ii) terminate the appointment at any time;
(ba) where the appointment is to act in a vacant
office, the appointee must not continue to act in the office for more than 12
months;
(c) where the appointee is acting in an office
other than a vacant office and the office becomes vacant while the appointee is
acting, then, subject to paragraph (a), the appointee may continue so to
act until:
(i) the appointer otherwise directs;
(ii) the vacancy is filled; or
(iii) a period of 12 months from the day of the
vacancy ends;
whichever
happens first;
(d) the appointment ceases to have effect if the
appointee resigns in writing delivered to the appointer;
(e) while the appointee is acting in the office:
(i) the appointee has and may exercise all the
powers, and shall perform all the functions and duties, of the holder of the
office; and
(ii) that or any other Act applies in relation to
the appointee as if the appointee were the holder of the office.
(2) In this section:
office includes a position occupied by an APS employee.
33B Participation in meetings by telephone etc.
(1) This section applies to a body (whether or not
incorporated) established by an Act if the Act requires or permits meetings of
the members of the body to be held.
(2) The body may permit its members to participate
in a meeting, or all meetings, by:
(a) telephone; or
(b) closed‑circuit television; or
(c) any other means of communication.
(3) A member who participates in a meeting under a
permission under subsection (2) is taken to be present at the meeting.
(4) This section has effect subject to any
contrary intention in the Act.
34 Power to determine includes authority to
administer oath
Any
court, Judge, justice of the peace, officer, commissioner, arbitrator, or other
person authorized by law, or by consent of parties, to hear and determine any
matter, shall have authority to receive evidence and examine witnesses and to
administer an oath to all witnesses legally called before them respectively.
34AA Delegations
Where
an Act confers power to delegate a function or power, then, unless the contrary
intention appears, the power of delegation shall not be construed as being
limited to delegating the function or power to a specified person but shall be
construed as including a power to delegate the function or power to any person
from time to time holding, occupying, or performing the duties of, a specified
office or position, even if the office or position does not come into existence
until after the delegation is given.
34AB Effect of delegation
Where
an Act confers power on a person or body (in this section called the authority)
to delegate a function or power:
(a) the delegation may be made either generally or
as otherwise provided by the instrument of delegation;
(b) the powers that may be delegated do not
include that power to delegate;
(c) a function or power so delegated, when
performed or exercised by the delegate, shall, for the purposes of the Act, be
deemed to have been performed or exercised by the authority;
(d) a delegation by the authority does not prevent
the performance or exercise of a function or power by the authority; and
(e) if the authority is not a person, section 34A
applies as if it were.
34A Exercise of certain powers and functions by a
delegate
Where,
under any Act, the exercise of a power or function by a person is dependent
upon the opinion, belief or state of mind of that person in relation to a
matter and that power or function has been delegated in pursuance of that or
any other Act, that power or function may be exercised by the delegate upon the
opinion, belief or state of mind of the delegate in relation to that matter.
34B Presentation of papers to the Parliament
(1) Where, by an Act or a law of a Territory,
provision is made requiring or permitting the presentation (however expressed)
of a paper to the Parliament or to both Houses, or to each or either House, of
the Parliament, it is sufficient compliance with the provision, in relation to
a House, if:
(a) the paper is presented in that House in
accordance with the rules or orders of the House or, if, under the rules or
orders of the House, papers are deemed to be presented to the House if they are
delivered to the Clerk of the House and recorded in the records of the
proceedings of the House, the paper is so delivered and recorded;
(b) where the provision provides for a specified
person to present the paper or to cause the paper to be presented—that person,
or any other person who could by virtue of this Act or of any other Act, or of
a law of a Territory, act in the place of that person, makes or causes to be
made, as the case may be, the presentation or the delivery of the paper
referred to in the last preceding paragraph; and
(c) where the provision specifies a period within
which the paper is to be presented—the presentation, or the delivery and
recording, of the paper referred to in paragraph (a) takes place within
that period.
(1A) For the purposes of an Act or a law of a
Territory that refers to papers presented (however the presentation is
described) to the Parliament or to both Houses, or to each or either House, of
the Parliament:
(a) presentation of a paper in a House of the
Parliament in accordance with the rules or orders of the House; or
(b) if, under the rules or orders of a House of
the Parliament, papers are to be deemed to be presented to the House if they
are delivered to the Clerk of the House and recorded in the records of the
proceedings of the House—such a delivery and recording of a paper;
shall be deemed to have been presentation of the paper to
that House, as described in that Act or law, effected or caused by the person
who so presented or delivered the paper or caused the paper to be so presented
or delivered.
(2) In this section, paper includes:
(a) an ordinance, rule, regulation or by‑law;
(b) a report; and
(c) any other document or instrument whatsoever.
34C Periodic reports
(1) In this section:
periodic report means a regular report relating to:
(a) the activities, operations, business or
affairs of a person; or
(b) the administration, operation or working of an
Act or part of an Act, during a particular period that ends on or after 30 June 1983.
person includes a body corporate, office, commission,
authority, committee, tribunal, board, institute, organization or other body
however described.
(2) Where an Act requires a person to furnish a
periodic report to a Minister but does not specify a period within which the
report is to be so furnished, that person shall furnish the report to the
Minister as soon as practicable after the end of the particular period to which
the report relates and, in any event, within 6 months after the end of that
particular period.
(3) Where an Act requires a person to furnish a
periodic report to a Minister for presentation to the Parliament but does not
specify a period within which the report is to be so presented, that Minister
shall cause a copy of the periodic report to be laid before each House of the
Parliament within 15 sitting days of that House after the day on which he
receives the report.
(4) Where this or any other Act requires a person
to furnish a periodic report to a Minister within a specified period and that
person is of the opinion that it will not be reasonably possible to comply with
the requirement, that person may, within the specified period, apply to the
Minister for an extension of the period, and, where he does so apply, he shall
furnish to the Minister a statement in writing explaining why, in that person’s
opinion, it will not be reasonably possible to comply with the requirement.
(5) A Minister may, on application under subsection (4),
grant such extension as he considers reasonable in the circumstances.
(6) Notwithstanding subsection (2) and the
provisions of any other Act, where a Minister grants an extension pursuant to
an application under subsection (4):
(a) the Minister shall cause to be laid before
each House of the Parliament, within 3 sitting days of that House after the day
on which he grants the extension, a copy of the statement furnished pursuant to
subsection (4) in respect of the application together with a statement
specifying the extension granted and his reasons for granting the extension;
(b) the person who made the application shall
furnish the periodic report to the Minister within the period as so extended;
and
(c) the Minister shall cause a copy of the
periodic report to be laid before each House of the Parliament within 15
sitting days of that House after the day on which he receives the report.
(7) Where this or any other Act requires a person
to furnish a periodic report to a Minister within a specified period or an
extension of that period under this section and that person fails to do so:
(a) that person shall, not later than 14 days
after the end of that specified period or extension, as the case may be,
furnish to the Minister a statement in writing explaining why the report was
not furnished as required; and
(b) the Minister shall cause a copy of the
statement to be laid before each House of the Parliament within 3 sitting days
of that House after the day on which he receives the statement.
(8) This section does not apply in relation to the
Australian Security Intelligence Organisation, the Australian Secret
Intelligence Service or the Office of National Assessments.
35 Measurement of distance
In
the measurement of any distance for the purposes of any Act, that distance
shall, unless the contrary intention appears, be measured in a straight line on
a horizontal plane.
36 Reckoning of time
(1) Where in an Act any period of time, dating
from a given day, act, or event, is prescribed or allowed for any purpose, the
time shall, unless the contrary intention appears, be reckoned exclusive of
such day or of the day of such act or event.
(2) Where the last day of any period prescribed or
allowed by an Act for the doing of anything falls on a Saturday, on a Sunday or
on a day which is a public holiday or a bank holiday in the place in which the
thing is to be or may be done, the thing may be done on the first day following
which is not a Saturday, a Sunday or a public holiday or bank holiday in that
place.
37 Expressions of time
Where
in an Act any reference to time occurs, such time shall, unless it is otherwise
specifically stated, be deemed in each State or part of the Commonwealth to
mean the standard or legal time in that State or part of the Commonwealth.
Part IX—Citation of Acts
38 Reference to Acts
(1) An Act passed by the Parliament of the
Commonwealth may be referred to by the word “Act” alone.
(2) An Act passed by the Parliament of the United
Kingdom may be referred to by the term
“Imperial Act”.
(3) An Act passed by the Parliament of a State may
be referred to by the term “State Act”.
39 Numbering of Acts
The
Acts passed in each secular year shall be numbered in regular arithmetical
series, beginning with the number 1, in the order in which the Governor‑General
assents thereto or makes known the King’s assent thereto.
40 Citation of Acts
(1) In any Act, instrument or document:
(a) any Act may be cited by its short title, or by
reference to the secular year in which it was passed and its number; and
(b) any Imperial Act may be cited by its short
title (if any) or in such other manner as is sufficient in an Imperial Act; and
(c) any State Act may be cited by a reference to
the State by the Parliament whereof the Act was passed, together with such mode
of reference as is sufficient in Acts passed by such Parliament.
(2) Any enactment may be cited by reference to the
part, section, subsection, or other division of the Act, Imperial Act or State
Act, in which the enactment is contained.
(3) Every
such reference shall be made according to the copy of such Act printed by the
Government Printer of the Commonwealth or of the State, or of the King’s
Printer in London (as the case may
be), or purporting to be so printed.
(1) A reference in an Act to:
(a) an Act, or regulations or another instrument,
that is part of the new corporations legislation or the new ASIC legislation;
or
(b) a provision, or group of provisions, of such
an Act, regulations or other instrument;
is taken to include a reference to:
(c) the corresponding part, provision or
provisions of the old corporations legislation or the old ASIC legislation; and
(d) any relevant earlier law.
(2) Subsection (1) does not apply to:
(a) a reference in an Act that is part of the new
corporations legislation or the new ASIC legislation; or
(b) a reference in the Corporations (Repeals, Consequentials and Transitionals) Act 2001;
or
(c) a reference that identifies an Act that is
part of the new corporations legislation or the new ASIC legislation as an Act
to be amended; or
(d) a reference in a provision that applies an Act
that is part of the new corporations legislation or the new ASIC legislation,
or a provision or group of provisions, of such an Act to a particular matter (whether
with or without modification).
(3) Subsection (1) has effect:
(a) subject to an express provision to the
contrary in the Act concerned; and
(b) subject to regulations made for the purposes
of subsection (5).
(4) For the purposes of this section:
(a) the question whether a part, provision or provisions of the old
corporations legislation corresponds to a part, provision or
provisions of the new corporations legislation is to be determined in the same
way as it is determined for the purposes of Part 10.1 of the Corporations Act 2001;
and
(b) the question whether a part, provision or
provisions of the old ASIC legislation corresponds to a part, provision or
provisions of the new ASIC legislation is to be determined in the same way as
it is determined for the purposes of Part 16 of the Australian Securities and Investments Commission Act 2001.
(5) The regulations may provide that subsection (1)
does not apply in relation to a particular reference, or class of references,
in an Act.
(6) In this section:
new ASIC legislation has the same meanings as in Part 16
of the Australian Securities and
Investments Commission Act 2001.
new corporations legislation has the same meanings as in Part 10.1 of the Corporations Act 2001.
old ASIC legislation has the same meanings as in Part 16
of the Australian Securities and
Investments Commission Act 2001.
old corporations legislation has the same meanings as in Part 10.1 of the Corporations Act 2001.
relevant earlier law, in relation to a provision of the old
corporations legislation, or the old ASIC legislation, means a law that was:
(a) a corresponding previous law (as defined for
the purposes of that provision or provisions that included that provision); or
(b) a relevant previous law (as defined for the
purposes of that provision or provisions that included that provision).
(1) If a provision confers on an authority the
power to make an instrument that is neither a legislative instrument within the
meaning of the Legislative Instruments
Act 2003 nor a rule of court, then, unless the contrary intention appears:
(a) this Act applies to any instrument so made as
if it were an Act and as if each provision of the instrument were a section of
an Act; and
(b) expressions used in any instrument so made
have the same meaning as in the enabling legislation; and
(c) any instrument so made is to be read and
construed subject to the enabling legislation, and so as not to exceed the power
of the authority.
(2) If any instrument so made would, but for subsection (1),
be construed as being in excess of the authority’s power, it is to be taken to
be a valid instrument to the extent to which it is not in excess of that power.
(3) If a provision confers on an authority the
power to make an instrument (that is not a legislative instrument or a rule of
court):
(a) specifying, declaring or prescribing a matter
or thing; or
(b) doing anything in relation to a matter or
thing;
then, in exercising the power, the authority may identify
the matter or thing by reference to a class or classes of matters or things.
Note: This provision has a parallel, in
relation to legislative instruments, in section 13 of the Legislative Instruments Act 2003.
(1) If legislation authorises or requires
provision to be made in relation to any matter in an instrument that is neither
a legislative instrument within the meaning of the Legislative Instruments Act 2003 nor a rule of court, that
instrument may, unless the contrary intention appears, make provision in
relation to that matter:
(a) by applying, adopting or incorporating, with
or without modification, the provisions of any Act, or of any disallowable legislative
instrument within the meaning of the Legislative
Instruments Act 2003, as in force at a particular time or as in force from
time to time; or
(b) subject to subsection (2), by applying,
adopting or incorporating, with or without modification, any matter contained
in any other instrument or writing as in force or existing at the time when the
first‑mentioned instrument takes effect.
(2) Unless the contrary intention appears, the
instrument may not make provision in relation to that matter by applying,
adopting or incorporating any matter contained in an instrument or other
writing as in force or existing from time to time.
Note: This provision has a parallel, in
relation to legislative instruments, in section 14 of the Legislative Instruments Act 2003.
(1) This section applies to instruments:
(a) that are neither legislative instruments
within the meaning of the Legislative
Instruments Act 2003 nor rules of court; and
(b) that are made under a provision of an Act or
legislative instrument (the enabling provision); and
(c) that are expressly declared by the enabling
provision or by another provision of the Act or instrument to be disallowable
instruments for the purposes of this section.
(2) An instrument to which this section applies
that is made on or after the commencing day within the meaning of the Legislative Instruments Act 2003, or a
particular provision of such an instrument, takes effect from:
(a) the day specified in the instrument for the
purposes of the commencement of the instrument or provision; or
(b) the day and time specified in the instrument
for the purposes of the commencement of the instrument or provision; or
(c) the day, or day and time, of the commencement
of an Act, or of a provision of an Act, or of the occurrence of an event, that
is specified in the instrument for the purposes of the commencement of the
instrument or provision; or
(d) in any other case—the first moment of the day
next following the day of notification under subsection (5).
(3) An instrument to which this section applies,
or a provision of such an instrument, has no effect if, apart from this
subsection, it would take effect before the date of its notification under subsection (5)
and as a result:
(a) the rights of a person (other than the
Commonwealth or an authority of the Commonwealth) as at the date of
notification would be affected so as to disadvantage that person; or
(b) liabilities would be imposed on a person
(other than the Commonwealth or an authority of the Commonwealth) in respect of
anything done or omitted to be done before the date of notification.
(4) The effect of subsections (2) and (3) on
an instrument is subject to any contrary provision for commencement of the
instrument in the enabling legislation for the instrument if the enabling
legislation is an Act or a provision of an Act.
(5) An instrument to which this section applies
must be notified in the Gazette and,
if the instrument is not so notified by being published in full in the Gazette, a notice in the Gazette of the instrument’s having been
made, and of the place or places where copies of it can be purchased, is
sufficient compliance with that requirement.
(6) If a notice of the making of an instrument is
published in accordance with subsection (5), copies of the instrument
must, at the time of publication of the notice or as soon as practicable
thereafter, be made available for purchase at the place, or at each of the
places, specified in the notice.
(7) If, on the day of publication of a notice
referred to in subsection (5), there are no copies of the instrument to
which the notice relates available for purchase at the place, or at one or more
of the places, specified in the notice, the Minister administering the enabling
provision must cause to be laid before each House of the Parliament, within 15
sitting days of that House after that day, a statement that copies of the
instrument were not so available and the reason why they were not so available.
(8) Failure to comply with a requirement of subsection (6)
or (7) in relation to any instrument does not constitute a failure to comply
with subsection (5).
(9) A copy of an instrument to which this section
applies must be laid before each House of the Parliament not later than 6
sitting days of that House after the instrument is made and, for that purpose,
must be delivered to the House by the person or body authorised to make the
instrument.
(10) If a copy of an instrument is not laid before
each House of the Parliament in accordance with subsection (9), it
thereupon ceases to have effect.
(11) Unless the law otherwise provides, Part 5
of the Legislative Instruments Act 2003,
other than sections 38, 39 and 40, applies in relation to an instrument to
which this section applies as if:
(a) references to legislative instruments or to a
legislative instrument were references to an instrument to which this section
applies; and
(b) references to enabling legislation were
references to the enabling provision; and
(c) references to repeal were references to
revocation; and
(d) references in subsection 45(2) of the Legislative Instruments Act 2003 to
another legislative instrument included references to a provision of another
non‑legislative instrument made under the enabling provision.
47 Construction of resolutions
Where
any resolution is or has been passed by either House of the Parliament in
purported pursuance of any Act, then, unless the contrary intention appears,
the resolution shall be read and construed subject to the Constitution and to
the Act under which it purports to have been passed, to the intent that where
the resolution would, but for this section, have been construed as being in
excess of authority, it shall nevertheless be a valid resolution to the extent
to which it is not in excess of authority.
The
Governor‑General may make regulations prescribing matters:
(a) required or permitted by this Act to be
prescribed; or
(b) necessary or convenient to be prescribed for
carrying out or giving effect to this Act.
A
Affidavit.......s 27(b)
Age
attainment of particular age
s 25E
Amendment of Acts
amending Act construed with
amended Act.......s 15
definitions
inserted.......s 14A
exercise of power prior to
commencement.......s 4
paragraphs
separate commencement
dates.......s 14B
passed in same session of
Parliament.......s 14
references to amended Acts......
s 10
States and Territories.......s
10A
Schedule items
separate commencemen
dates.......s 14B
Application.......s 2
coastal
sea.......s 15B
Crown
bound.......s 2(2)
exclusion by repealed Acts
s 8A(c)
Appointments
acting
appointments.......s 33A
power to
make.......s 33(4)
acting appointments.......s 33A
‘appoint’ defined.......s 33(4A)
exercise prior to commencement.......s 4(1), 4(2)
Archives.......Note 2
B
Bodies corporate
references to individuals
include.......s 22(1)(a), 22(2)
service
on.......s 28A(1)(b)
Bodies politic
references to individuals
include.......s 22(1)(a), 22(2)
By‑laws
class of
matters covered
identification.......s 46(2)
commencement
exercise of power prior to
s 4(6)
specified days.......s 3(2)
disallowable instruments, as
s 46A
enabling
Act.......s 46(1)
consistent construction of
terms.......s 46(1)(a)
excess of power.......s 46(1)(b)
exercise of power prior to commencement.......s 4(6)
C
Chairpersons
alternative
terms.......s 18B(2)
choice of
title.......s 18B(1)
deputies
alternative terms.......s
18B(4)
choice of title.......s
18B(3)
Citation.......s
1
Commonwealth Acts.......ss 38(1), 40(1)(a)
divisions.......s 40(2)
Government Printer's version, according
to.......s 40(3)
Imperial
Acts.......ss 38(2), 40(1)(b)
number and secular year, by
s 40(1)(a)
numbering of
Acts.......s 39
parts.......s 40(2)
sections.......s 40(2)
short
title.......s 40(1)(a)
Imperial Acts.......s 40(1)(b)
State
Acts.......ss 38(3), 40(1)(c)
subsections.......s 40(2)
Coastal sea
application
of Acts.......s 15B
‘coastal sea’
defined.......s 15B(4)
external
Territories.......s 15B(2)
references to Australia or Commonwealth.......s
15B(1)(b)
Commencement
Acts.......ss 3, 5
proclamation.......s 5(2)
Royal Assent.......s 5(1)‑(1B)
specified days.......s 3(2)
exercise of powers prior to
commencement.......s 4
paragraphs
separate commencement
dates.......s 14B
Schedule
items
separate commencement
dates.......s 14B
Commonwealth Constitution
amendments to
commencement.......s 5(1B)
Royal Assent.......s 5(1B)
construction
subject to.......s 15A
Commonwealth legislative power.......s
15A
excess of power.......s
15A
definitions.......s
17
resolutions construed according
to.......s 47
Territory
courts
jurisdictional limitations
s 15C(c)
Constitution of a body
alteration.......s 25B(2)
continued existence
s 25B(2)(a), 25B(2)(b)
legal or other proceedings
s 25B(2)(c), 25B(2)(d)
Courts
administration
of oaths.......s 34
definitions
Federal Court.......s 26(b)
High Court.......s 26(a)
examination
of witnesses.......s 34
jurisdiction see Jurisdiction of courts
power to
determine.......s 34
production of computer‑stored
information to.......s 25A
receiving
evidence.......s 34
Territory
courts
jurisdictional limitations
s 15C(c)
Rules of
Court.......s 28
Crown
application
to.......s 2(2)
references
to.......s 16
D
Definitions.......ss 17,
22, Note 2
affidavit.......s 27(b)
amendment
inserting.......s 14A
alphabetical order.......s
14A
archives.......Note 2
ASIC
legislation.......s 40A
coastal sea.......s
15B(4)
Constitutional and official
ss
17, 22
contravene.......s 22(1)(j)
corporations
legislation.......s 40A
document.......s 25
electoral
legislation.......Note 2
estate.......s 22(1)(d)
external
Territories.......s 17(pd)
federal
police.......Note 2
foreign
country.......s 22(1)(f)
funds.......s
17(k)‑(kb)
individual.......s 22(1)(aa)
judicial.......s 26
justice of
the peace.......s 26(e)
land.......s 22(1)(c)
Minister.......s
17(h)
oath.......s 27(b)
office.......s 21
officer.......ss 20, 21
Official
Trustee.......Note 2
proclamation.......s
17(j)
public
service.......s 17AA
record.......s 25
regulations.......s
17(r)
Solicitor‑General.......Note 2
specific
words.......ss 22, 25, 27
State.......s
17(o)
Territory.......s
17(p)‑(pe)
time see Time
United Kingdom.......s
18
British possession.......s
18(b)
writing.......s 25
Delegation
powers and
functions
authority deemed to have exercised.......s 34AB(c)
delegates opinion.......s 34A
effect.......s 34AB
exercise by authority
s 34AB(d)
not limited to specified
person.......s 34AA
power to delegate not
included.......s 34AB(b)
specified office or position,
to.......s 34AA
Departments
references
to.......s 19A(3)
abolished Departments
s 19B(2)
abolished offices.......s
19B(3)
agreements, in.......s
19C
changed administrative arrangements.......s
19BA(2), 19BA(3)
changed name.......s
19B(2)
new Department with same name
as previous Department
s 19BAA
orders for substitution see
Orders for substitution
Distance
measurement.......s 35
Documents
computer
storage.......s 25A
production in understandable form.......s 25A
definition.......s 25
service see Service
Duties see
Powers and duties
E
Evidence
date of assent or proclamation
s 6
judicial notice.......s 6
Examples
inconsistency with provision
s 15AD(b)
not
exhaustive.......s 15AD(a)
Expired Acts
effect.......s 8B
former Acts
not revived.......s 8B
proceedings commenced prior to
expiration.......s 11
Explanatory memoranda
extrinsic material, as
s 15AB(2)(e)
External
Territories
coastal sea
application of Acts.......s 15B(2),
15B(4)(b)
definition.......s
17(pd)
Extrinsic material
allowable extrinsic materials
s 15AB(2)
ambiguities.......s
15AB(1)(b)
considerations for use
s 15AB(3)
obscure
meanings.......s 15AB(1)(b)
ordinary
meaning
confirmation.......s
15AB(1)(a)
regard to be had to
s 15AB(3)(a)
purpose or object of Act
s 15AB(1),
15AB(3)(a)
F
Federal Police.......Note 2
Forms
prescribed
strict compliance not
required.......s 25C
G
Gender.......s 23(a)
Government Printer
citation by reference to official
version.......s 40(3)
paper or document printed by
s 17A
Governor‑General
commencement
of Acts
assent.......s 5(1)‑(1B)
proclamation.......s 5(2)
references
to.......s 16A
deputy.......s
16A(b)
Governor of State
references
to.......s 16B
Grammatical forms.......s
18A
H
Headings
part of Act,
as.......s 13(1)
section headings excluded
s 13(3)
I
Individual
definition.......s 22(1)(aa)
bodies corporate or politic included.......ss 22(1)(a), 22(2)
service
on.......s 28A(1)(a)
Instruments
see
also By‑laws; Regulations; Rules
class of
matters covered
identification.......s 46(2)
disallowable
instruments.......s 46A
application of other
provisions.......s 46A(1)
enactments, as.......s 46A
enabling
Act.......s 46(1)
consistent construction of
terms.......s 46(1)(a)
excess of power.......s 46(1)(b)
power to make
accompanying power to repeal, amend, etc.......s 33(3)
aspects covered elsewhere in Act.......s 33(3B)
exercise prior to commencement.......s 4(1), 4(1A), 4(2A)
specified matters.......s 33(3A)
statutory declarations not precluded by penalty limits
s 33(5)
International agreements
extrinsic materials, as
s 15AB(2)(d)
J
Judicial notice
date of assent or proclamation
s 6
Jurisdiction of courts.......s
15C
definitions
federal.......s 26(c)
summary.......s 26(d)
Territory
courts
Constitutional limitations
s 15C(c)
Justice of the peace
administration
of oaths.......s 34
definition.......s 26(e)
power to
determine.......s 34
L
Land.......s 22(1)(c)
M
Magistrate
references
to.......s 16C(2)
Federal Magistrates
excluded.......s 16C(3)
Measurements
distance.......s 35
time see Time
Meetings
participation by telephone or other
communication forms.......s 33B
Minister
changed administrative
arrangements.......s 19BA(1)
inconsistent references
s 19BA(1)(b)
definition.......s
17(h)
no longer in
existence.......s 19B(1)
orders for substitution see Orders
for substitution
persons
acting on behalf of.......s 19
portfolio see Portfolio
Minister
references
to.......ss
19, 19A
administration of relevant provisions.......s
19A(1)
agreements, in.......s
19C(1)(a)
more than one.......s 19A(1),
19A(4)
specified Acts.......s
19A(2)
N
Name change
body or office.......s 25B(1), 25B(1A)
continued existence
s 25B(1)(a)
substitution of new name
s 25B(1)(b)
Departments.......ss
19B(2), 19BAA
office of Secretary of
Department.......s 19B(3)
Natural persons
service
on.......s 28A(1)(a)
Notes
not part of
Act.......s 13(3)
Number
Act,
of.......s 39
singular and
plural.......s 23(b)
O
Oath
administration.......s 34
definition.......s 27(b)
Office of the Commonwealth
references
to.......s 21
Officer
administration
of oaths.......s 34
power to
determine.......s 34
references to
agreements, in.......s 19C(1)(c),
19C(2)
Commonwealth, of.......s 21
general terms, in.......s 20
Official Trustee.......Note 2
Operation see
Commencement
Orders for substitution
Department names no longer correct
abolished Departments
s 19B(2)(c)
abolished offices.......s
19B(3)(c)
changed administrative arrangements.......s
19BA(2)(c), 19BA(3)(c)
disallowance of orders.......19BA(4), 19BA(5)
Minister, reference no longer correct
changed administrative arrangements.......s
19BA(1)(c)
no longer in existence
s 19B(1)(c)
publication.......s
19BC
revocation.......s
19BB
time of effect.......s
19BB(2)
P
Parliament
presentation
of papers to.......s 34B
delivery to Clerk.......s 34B(1)(a)
‘paper’ defined.......s 34B(2)
rules or orders of House
s 34B(1)(a)
specified persons, by
s 34B(1)(b)
Territory parliaments
s 34B(1A)
time requirements
s 34AB(1)(c)
presentation of periodic reports
to.......s 34C(3)
Parts of speech.......s
18A
Penalties
limits on
statutory declarations not precluded by.......s 33(5)
Periodic reports see
Reports
Portfolio Minister
authorising performance of duties by
others.......s 18C
Powers and duties
appointments see Appointments
bodies,
conferred on.......s 33(2B)
vacancy in membership
s 33(2B)
delegation see Delegation
exercise.......s 33
discretionary.......s 33(2A)
prior to commencement of
Act.......s 4
holder of an
office.......s 33(2)
instruments, to make see Instruments
power to
determine.......s 34
Proclamation
commencement of Acts by
s 5(2)
definition.......s
17(j)
judicial
notice of date.......s 6
publication
prior to.......s 4(3)
Public service.......s
17AA
Publication
orders for
substitution.......s 19BC
prior to
proclamation.......s 4(3)
Purpose or object of Act
construction
to promote.......s 15AA
extrinsic materials.......s
15AB
R
Reasons for decisions
content.......s 25D
evidence.......s 25D
findings.......s 25D
Records
computer
storage.......s 25A
production in understandable form.......s 25A
definition.......s 25
Re‑enacted Acts
references
to.......s 10
States and Territories.......s
10A
Regulations
class of
matters covered
identification.......s 46(2)
commencement.......s 48(1)(b)
exercise of power prior to
s 4(6)
prior to notification.......s 48(2)
specified days.......s 3(2)
definition.......s
17(r)
disallowable instruments, as
s 46A
disallowance.......s 48(4)
deemed.......s 48(5), 48(5A)
dissolution of Parliament.
s 48(5A)
effect.......s 48(6)
expiration of time limit
s 48(5)
prorogation of Parliament.
s 48(5A)
re‑making not allowed.
ss 48B, 49
revival of repealed
regulations.......s 48(7)
enabling
Act.......s 46(1)
consistent construction of
terms.......s 46(1)(a)
excess of power.......s 46(1)(b)
exercise of power prior to
commencement.......s 4(6)
laid before Parliament
s 48(1)(c), 48(3)
making
of.......ss. 48(1), 51
notification.......s 48(1)(a), Note 4
prior rights or liabilities not affected.......s 48(2)
statutory rules.......Note 4
publication.......s 48(1)(a), Note 4
statutory rules.......Note 4
reference to other instruments
s 49A
re‑making regulations not
allowed.......s 48A
notice of motion to disallow, during.......s 48B
prescribed period
ss 48A(2), 49
repeal.......s 50
rights and liabilities not
affected.......s 50
Repealed Acts
abrogation.......s 8A(b)
effect.......s 8
exclusion of
application.......s 8A(c)
former Acts not revived
ss 7, 8(a)
former rights and liabilities not
affected.......s 8
implied
repeal.......s 8A(a)
limitation.......s 8A(b)
parts of
Acts.......s 8C
repeal within same session of
Parliament.......s 14
substituted
provisions.......s 9
continuation of repealed provisions.......s 9
Reports
extrinsic materials, as
s 15AB(2)(b),
15AB(2)(c)
periodic.......s 34C
definitions.......s 34C(1)
exemptions.......s 34C(8)
extension of time to furnish
s 34C(4)‑(6)
failure to furnish.......s 34C(7)
presentation to Parliament
s 34C(3)
time requirements.......s 34C(2),
34C(3)
Resolutions
Commonwealth Constitution
s 47
enabling Act
consistent construction.......s 47
excess of
authority.......s 47
Royal Assent
commencement of Acts by
Constitutional amendments
s 5(1B)
time of commencement
s 5(1)‑(1B)
Rules
class of
matters covered
identification.......s 46(2)
Court,
of.......s 28
disallowable instruments, as
s 46A
enabling
Act.......s 46(1)
consistent construction of
terms.......s 46(1)(a)
excess of power.......s 46(1)(b)
exercise of power prior to commencement.......s 4(6)
S
Schedules
items
separate commencement
dates.......s 14B
part of Act,
as.......s 13(2)
Sections
substantive
enactments, as.......s 12
Service
alternative terms.......ss 28A(1), 29(1)
bodies corporate, on
s 28A(1)(b)
court
authorised.......s 28A(2)(b)
natural
persons, on.......s 28A(1)(a)
other authorised methods
s 28A(2)(a)
post,
by.......s 29
Solicitor‑General.......Note 2
Sovereign see
Crown
State.......s 17(o)
Statutory declaration
definition.......s 27(c), Note 2
penalty limitations not to
preclude.......s 33(5)
Statutory rules
copies,
availability.......Note 4
notification.......Note 4
publication.......Note 4
Stipendiary Magistrate
references
to.......s 16C(1)
annual salary.......s
16C(1)
Stylistic variations
expression of
same idea.......s 15AC
T
Territories
definitions.......s
17(p)‑(pe), Note 2
external see External
Territories
parliaments
presentation of papers to
s 34B(1A)
Time
commencement of Acts see Commencement
definitions.......s 22(1)
calendar month.......s 22(1)(g)
calendar year.......s 22(1)(h)
financial year.......s 22(1)(e)
month.......s 22(1)(b)
expressions
of.......s 37
local standard or legal time
s 37
measurement.......s
36
bank holidays.......s 36(2)
public holidays.......s 36(2)
Saturday or Sunday.......s 26(2)
presentation of papers to
Parliament.......s 34B(1)(c)
Treaties
extrinsic materials, as
s 15AB(2)(d)
U
United Kingdom
definition.......s
18
British possession.......s
18(b)
V
Validation
past acts.......Table
A
past authorisations.......Table A
past
orders.......Table A
W
Witnesses
examination.......s 34