Acts Interpretation Act 1954


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Acts Interpretation Act 1954
Queensland Acts Interpretation Act 1954 Current as at 8 November 2013—revised version Reprint note— This reprint has been reformatted to reflect current drafting styles. This version was updated on 12 February 2014.
Information about this reprint This reprint shows the legislation current as at the date on the cover and is authorised by the Parliamentary Counsel. A new reprint of the legislation will be prepared by the Office of the Queensland Parliamentary Counsel when any change to the legislation takes effect. This change may be because a provision of the original legislation, or an amendment to it, commences or because a particular provision of the legislation expires or is repealed. When a new reprint is prepared, this reprint will become a historical reprint. Also, if it is necessary to replace this reprint before a new reprint is prepared, for example, to include amendments with a retrospective commencement, an appropriate note would be included on the cover of the replacement reprint and on the copy of this reprint at www.legislation.qld.gov.au. The endnotes to this reprint contain detailed information about the legislation and reprint. For example— The table of reprints endnote lists any previous reprints and, for this reprint, gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. The list of legislation endnote gives historical information about the original legislation and the legislation which amended it. It also gives details of uncommenced amendments to this legislation. For information about possible amendments to the legislation by Bills introduced in Parliament, see the Queensland Legislation Current Annotations at www.legislation.qld.gov.au/Leg_Info/ information.htm. The list of annotations endnote gives historical information at section level. All Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints are not continued.
Queensland Acts Interpretation Act 1954 Contents Part 1 1 2 4 5 Part 2 6 7 Part 3 9 9A 10 11 12 12A 13 13A 13B 14 14A 14B 14C 14D Part 4 14E 14F Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Act applies to all Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Displacement of Act by contrary intention . . . . . . . . . . . . . . . . . . 7 Act binds Crown . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Meaning of Act References to Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Act includes statutory instruments under Act etc. . . . . . . . . . . . . 8 General provisions applying to Acts Interpretation of Act in relation to Parliament’s legislative power . 8 Declaration of validity of certain laws . . . . . . . . . . . . . . . . . . . . . . 9 Section has effect as substantive enactment . . . . . . . . . . . . . . . . 10 Acts to be public Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Private Acts not to affect rights of others . . . . . . . . . . . . . . . . . . . 10 Private Acts amended by public Acts do not become public Acts 10 Future Acts when binding on the Crown . . . . . . . . . . . . . . . . . . . 10 Acts not to affect native title except by express provision. . . . . . . 11 Acts not to affect powers, rights or immunities of Legislative Assembly except by express provision . . . . . . . . . . . . . . . . . . . . . 11 Material that is, and is not, part of an Act . . . . . . . . . . . . . . . . . . . 11 Interpretation best achieving Act’s purpose . . . . . . . . . . . . . . . . . 12 Use of extrinsic material in interpretation . . . . . . . . . . . . . . . . . . . 12 Changes of drafting practice not to affect meaning . . . . . . . . . . . 14 Examples . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Reference to and citation of Acts References to Acts generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 References to particular Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Acts Interpretation Act 1954 Contents 14G 14H 14I 14J Part 5 15 15A 15B 15C 15D 15DA 15E 17 Part 6 17A 18 19 19A 20 20A 20B 20C 21 22 22A 22B 22C Part 7 23 23A 24AA 24A References to enactments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . References taken to be included in reference to law . . . . . . . . . . References to changed short titles and citations . . . . . . . . . . . . . References to repealed or expired laws . . . . . . . . . . . . . . . . . . . . Commencement of Acts References to enactment etc. of Acts. . . . . . . . . . . . . . . . . . . . . . Commencement of Acts on date of assent . . . . . . . . . . . . . . . . . Time of commencement of Acts . . . . . . . . . . . . . . . . . . . . . . . . . . Commencement of citation and commencement provisions on date of assent etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Commencement by proclamation etc. . . . . . . . . . . . . . . . . . . . . . Automatic commencement of postponed law. . . . . . . . . . . . . . . . Commencement of paragraphs etc. in amending Act . . . . . . . . . Exercise of powers between enactment and commencement . . . Amendment and repeal of Acts Act may be amended or repealed in same parliamentary session ...................................... Time of expiry of Act etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed and amended Acts not revived on repeal of repealing and amending Acts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Commencement not undone if omitted . . . . . . . . . . . . . . . . . . . . Saving of operation of repealed Act etc.. . . . . . . . . . . . . . . . . . . . Repeal does not end saving, transitional or validating effect etc.. Continuance of appointments etc. made under amended provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Creation of offences and changes in penalties. . . . . . . . . . . . . . . Continuance of repealed provisions . . . . . . . . . . . . . . . . . . . . . . . Act and amending Acts to be read as one . . . . . . . . . . . . . . . . . . Insertion of provisions by amending Act. . . . . . . . . . . . . . . . . . . . Amendment to be made wherever possible in provision . . . . . . . Automatic repeal of amending Act . . . . . . . . . . . . . . . . . . . . . . . . Functions and powers conferred by Acts Performance of statutory functions etc. . . . . . . . . . . . . . . . . . . . . Conferral of statutory power on another entity . . . . . . . . . . . . . . . Power to make instrument or decision includes power to amend or repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointments may be made by name or office . . . . . . . . . . . . . . 16 17 17 18 18 18 18 19 19 20 21 21 23 23 23 24 24 25 27 28 28 28 28 29 30 31 32 32 32 Page 2
24B 24C 25 26 27 27A 27B 29 29B Part 8 32 32A 32AA 32AB 32B 32C 32CA 32CB 32D 32DA 32E 32F 33 33A 34 35 35A 35B 35C 35CA 35D 35E 36 Acts Interpretation Act 1954 Contents Acting appointments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Acting person nominated by Act etc. . . . . . . . . . . . . . . . . . . . . . . Powers of appointment imply certain incidental powers . . . . . . . . Appointment not affected by defect etc. . . . . . . . . . . . . . . . . . . . . Power to hear and determine includes power to administer oath. Delegation of functions or powers . . . . . . . . . . . . . . . . . . . . . . . . Content of statement of reasons for decision . . . . . . . . . . . . . . . . Legislative Assembly’s resolutions to be interpreted not to exceed authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Working out number of sitting days . . . . . . . . . . . . . . . . . . . . . . . Terms and references in Acts Defined terms—other parts of speech and grammatical forms . . Definitions to be read in context . . . . . . . . . . . . . . . . . . . . . . . . . . Definitions generally apply to entire Act . . . . . . . . . . . . . . . . . . . . Terms defined both in this Act and another Act . . . . . . . . . . . . . . Gender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Number. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meaning of may and must etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . Words and expressions used in amending Acts. . . . . . . . . . . . . . References to persons generally . . . . . . . . . . . . . . . . . . . . . . . . . Meaning of de facto partner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Production of records kept in computers etc. . . . . . . . . . . . . . . . . References to commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . References to Ministers, departments and chief executives . . . . References to States include Territories. . . . . . . . . . . . . . . . . . . . References to officers and holders of offices . . . . . . . . . . . . . . . . References to Queensland to be implied . . . . . . . . . . . . . . . . . . . References to person with interest in land includes personal representative etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . References to provisions designated by number without mentioning another Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Headings part of provision etc.. . . . . . . . . . . . . . . . . . . . . . . . . . . References to items at the end of a provision . . . . . . . . . . . . . . . Reference to provisions of a law is inclusive . . . . . . . . . . . . . . . . Instrument made under the Act . . . . . . . . . . . . . . . . . . . . . . . . . . Meaning of commonly used words and expressions . . . . . . . . . . 33 36 36 37 38 38 41 41 42 42 43 43 43 43 43 44 44 44 45 46 47 47 50 50 51 51 51 55 56 56 56 57 Page 3
Acts Interpretation Act 1954 Contents Part 9 37 38 38A Part 10 39 39A Part 11 41 41A 42 43 44 45 46 Part 12 47 47A 47B 47C 47D 47E Part 12A 48 48A Part 13 49 49A 50 51A 52 Part 14 Division 1 53 Distance, time and age Measurement of distance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reckoning of time. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Age . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Service of documents Service of documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meaning of service by post etc. . . . . . . . . . . . . . . . . . . . . . . . . . . Offences and criminal proceedings Penalty at end of provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Penalty other than at end of provision . . . . . . . . . . . . . . . . . . . . . Any person may prosecute etc. . . . . . . . . . . . . . . . . . . . . . . . . . . Appropriation of penalties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Summary proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offence punishable only once . . . . . . . . . . . . . . . . . . . . . . . . . . . Bodies corporate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application of particular State laws to coastal waters Definitions for pt 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application of laws of the State to coastal waters . . . . . . . . . . . . Laws with specific application not to apply . . . . . . . . . . . . . . . . . . Extent of jurisdiction in relation to coastal waters. . . . . . . . . . . . . Constitutional basis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Saving . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Forms Forms—notification and availability . . . . . . . . . . . . . . . . . . . . . . . Compliance with forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Verification of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Jurisdiction of courts and tribunals . . . . . . . . . . . . . . . . . . . . . . . . Making or amendment of subordinate legislation by an Act . . . . . References to Acts Shortening Act 1867 . . . . . . . . . . . . . . . . . . . References to the Crown etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provisions Transitional provision for Parliamentary Service and Other Acts Amendment Act 2011 Transitional—extrinsic material—speech in Legislative Assembly 57 57 58 58 59 60 61 61 61 62 62 63 63 64 64 64 65 65 65 66 68 68 68 69 69 70 Page 4
Division 2 54 55 56 57 Schedule 1 Acts Interpretation Act 1954 Contents Transitional provisions for Treasury and Trade and Other Legislation Amendment Act 2013 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . References to s 36, 48A or 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . References to gazetted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . References to notified in the gazette . . . . . . . . . . . . . . . . . . . . . . Meaning of commonly used words and expressions . . . . . . 70 70 71 71 72 Endnotes 1 2 3 4 5 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 92 92 94 103 Page 5
Acts Interpretation Act 1954 Acts Interpretation Act 1954 Part 1 Preliminary [s 1] [as amended by all amendments that commenced on or before 8 November 2013] An Act to assist in the shortening and interpretation of Queensland Acts Part 1 Preliminary 1 Short title This Act may be cited as the Acts Interpretation Act 1954 . 2 Act applies to all Acts This Act applies to all Acts (including this Act). Note For the application of this Act to statutory instruments, see the Statutory Instruments Act 1992 , part 4, divisions 1 and 2 . 4 Displacement of Act by contrary intention The application of this Act may be displaced, wholly or partly, by a contrary intention appearing in any Act. 5 Act binds Crown This Act binds the Crown. Current as at 8 November 2013 revised version Page 7
Acts Interpretation Act 1954 Part 2 Meaning of Act [s 6] Part 2 Meaning of Act 6 References to Act (1) In an Act— Act means an Act of the Queensland Parliament, and includes— (a) a British or New South Wales Act that is in force in Queensland; and (b) an enactment of an earlier authority empowered to pass laws in Queensland that has received assent. (2) In an Act, a reference to ‘an Act’ includes the Act in which the reference is. 7 Act includes statutory instruments under Act etc. (1) In an Act, a reference (either generally or specifically) to a law (including the Act), or a provision of a law (including the Act), includes a reference to the statutory instruments made or in force under the law or provision. (2) In subsection (1)— law includes a law of the Commonwealth, another State or a Territory. Part 3 General provisions applying to Acts 9 Interpretation of Act in relation to Parliament’s legislative power (1) An Act is to be interpreted as operating— Page 8 Current as at 8 November 2013 revised version
Acts Interpretation Act 1954 Part 3 General provisions applying to Acts [s 9A] (a) to the full extent of, but not to exceed, Parliament’s legislative power; and (b) distributively. (1A) Without limiting subsection (1)(a), it is declared that subsection applies (and always applied) to the legislative power conferred on Parliament under the Coastal Waters (State Powers) Act 1980 (Cwlth), section 5 and the Coastal Waters (State Title) Act 1980 (Cwlth), section 4 . (1B) Subsection (1A) does not apply in relation to the substantive criminal law, and the law of criminal investigation, procedure and evidence, under the cooperative scheme as defined under the Crimes at Sea Act 2001 , section 3. (2) Without limiting subsection (1), if a provision of an Act would, apart from this section, be interpreted as exceeding power— (a) the provision is valid to the extent to which it does not exceed power; and (b) the remainder of the Act is not affected. (3) Without limiting subsection (1), if the application of a provision of an Act to a person, matter or circumstance would, apart from this section, be interpreted as exceeding power, the provision’s application to other persons, matters or circumstances is not affected. (4) This section applies to an Act in addition to, and without limiting, any provision of the Act. 9A Declaration of validity of certain laws Each provision of an Act enacted, or purporting to have been enacted, before the commencement of the Australia Acts has (and always has had) the same effect as it would have had, and is (and always has been) as valid as it would have been, if the Australia Acts had been in operation at the time of its enactment or purported enactment. Current as at 8 November 2013 revised version Page 9
Acts Interpretation Act 1954 Part 3 General provisions applying to Acts [s 10] 10 Section has effect as substantive enactment Every section of an Act has effect as a substantive enactment without introductory words. 11 Acts to be public Acts Every Act passed after 26 July 1852 is a public Act unless the Act otherwise expressly provides. 12 Private Acts not to affect rights of others (1) A private Act does not— (a) affect pre-existing rights in a way prejudicial to the Crown or another person; or (b) impose liabilities on the Crown or another person in relation to previous acts or omissions; except so far as the Act otherwise expressly provides. (2) Subsection (1) does not affect rights conferred, or liabilities imposed, on— (a) a person at whose instance, or for whose special benefit, the Act is passed; or (b) another person claiming by, through or under such a person. 12A Private Acts amended by public Acts do not become public Acts A private Act does not become a public Act merely because it has been amended by or under a public Act. 13 Future Acts when binding on the Crown No Act passed after the commencement of this Act shall be binding on the Crown or derogate from any prerogative right of the Crown unless express words are included in the Act for that purpose. Page 10 Current as at 8 November 2013 revised version
Acts Interpretation Act 1954 Part 3 General provisions applying to Acts [s 13A] 13A Acts not to affect native title except by express provision (1) An Act enacted after the commencement of this section affects native title only so far as the Act expressly provides. (2) For the purposes of subsection (1), an Act affects native title if it extinguishes the native title rights and interests or it is otherwise wholly or partly inconsistent with their continued existence, enjoyment or exercise. 13B Acts not to affect powers, rights or immunities of Legislative Assembly except by express provision (1) An Act enacted after the commencement of this section affects the powers, rights or immunities of the Legislative Assembly or of its members or committees only so far as the Act expressly provides. (2) For subsection (1), an Act affects the powers, rights or immunities mentioned in the subsection if it abolishes any of the powers, rights or immunities or is otherwise wholly or partly inconsistent with their continued existence, enjoyment or exercise. (3) In this section— rights includes privileges. 14 Material that is, and is not, part of an Act (1) A heading to a chapter, part, division or subdivision of an Act is part of the Act. (2) A heading to a section, subsection or another provision of an Act is part of the Act if— (a) the Act is enacted after 30 June 1991; or (b) the heading is amended or inserted after 30 June 1991. (3) An example in an Act of the operation of a provision of the Act is part of the Act. Current as at 8 November 2013 revised version Page 11
Acts Interpretation Act 1954 Part 3 General provisions applying to Acts [s 14A] (4) A note in an Act to the Act or to a provision of the Act, as opposed to a footnote, an editor’s note or an endnote mentioned in subsection (7), is part of the Act. Example of a note See the note to section 2. Example of a footnote See the footnote to schedule 1, definition Acting Governor . (5) A schedule or appendix of an Act is part of the Act. (6) Punctuation in an Act is part of the Act. (7) A footnote or editor’s note to an Act or to a provision of an Act, and an endnote to an Act, are not part of the Act. 14A Interpretation best achieving Act’s purpose (1) In the interpretation of a provision of an Act, the interpretation that will best achieve the purpose of the Act is to be preferred to any other interpretation. (2) Subsection (1) does not create or extend criminal liability, but applies whether or not the Act’s purpose is expressly stated in the Act. (3) To remove any doubt, it is declared that this section applies to an Act passed after 30 June 1991 despite any presumption or rule of interpretation. Example There is judicial authority for a rule of interpretation that taxing legislation is to be interpreted strictly and in a taxpayer’s favour (for example, see Partington v AG (1869) LR 4 HL 100 at 122). Despite such a possible rule, this section requires a provision imposing taxation to be interpreted in the way that best achieves the Act’s purpose, whether or not to do so would be in a taxpayer’s favour. 14B Use of extrinsic material in interpretation (1) Subject to subsection (2), in the interpretation of a provision of an Act, consideration may be given to extrinsic material capable of assisting in the interpretation— Page 12 Current as at 8 November 2013 revised version
Acts Interpretation Act 1954 Part 3 General provisions applying to Acts [s 14B] (a) if the provision is ambiguous or obscure—to provide an interpretation of it; or (b) if the ordinary meaning of the provision leads to a result that is manifestly absurd or is unreasonable—to provide an interpretation that avoids such a result; or (c) in any other case—to confirm the interpretation conveyed by the ordinary meaning of the provision. (2) In determining whether consideration should be given to extrinsic material, and in determining the weight to be given to extrinsic material, regard is to be had to— (a) the desirability of a provision being interpreted as having its ordinary meaning; and (b) the undesirability of prolonging proceedings without compensating advantage; and (c) other relevant matters. (3) In this section— extrinsic material means relevant material not forming part of the Act concerned, including, for example— (a) material set out in an official copy of the Act; and (b) a report of a royal commission, law reform commission, commission or committee of inquiry, or a similar body, that was laid before the Legislative Assembly before the provision concerned was enacted; and (c) a report of a committee of the Legislative Assembly that was made to the Legislative Assembly before the provision was enacted; and (d) a treaty or other international agreement that is mentioned in the Act; and (e) an explanatory note or memorandum relating to the Bill that contained the provision, or any other relevant document, that was laid before, or given to the members of, the Legislative Assembly by the member bringing in the Bill before the provision was enacted; and Current as at 8 November 2013 revised version Page 13
Acts Interpretation Act 1954 Part 3 General provisions applying to Acts [s 14C] (f) the speech made to the Legislative Assembly by the member when introducing the Bill; and Note See section 53 in relation to Bills introduced before the commencement of that section. (g) material in an official record of proceedings in the Legislative Assembly; and (h) a document that is declared by an Act to be a relevant document for the purposes of this section. ordinary meaning means the ordinary meaning conveyed by a provision having regard to its context in the Act and to the purpose of the Act. 14C Changes of drafting practice not to affect meaning If— (a) a provision of an Act expresses an idea in particular words; and (b) a provision enacted later appears to express the same idea in different words for the purpose of implementing a different legislative drafting practice, including, for example— (i) the use of a clearer or simpler style; or (ii) the use of gender-neutral language; the ideas must not be taken to be different merely because different words are used. 14D Examples If an Act includes an example of the operation of a provision— (a) the example is not exhaustive; and (b) the example does not limit, but may extend, the meaning of the provision; and Page 14 Current as at 8 November 2013 revised version
Acts Interpretation Act 1954 Part 4 Reference to and citation of Acts [s 14E] (c) the example and the provision are to be read in the context of each other and the other provisions of the Act, but, if the example and the provision so read are inconsistent, the provision prevails. Part 4 Reference to and citation of Acts 14E References to Acts generally An Act passed by Parliament, or any earlier legislature empowered to pass laws for Queensland, may be referred to by the word Act alone. 14F References to particular Acts (1) An Act may be cited— (a) by its short title; or (b) by reference to the year in which it was passed and its number. Examples of citations 1 Statutory Instruments Act 1992 2 Statutory Instruments Act 1992 , No. 22 3 Act No. 22 of 1992 4 1992 Act No. 22 (2) A Commonwealth Act may be cited— (a) by its short title; or (b) in another way sufficient in a Commonwealth Act for the citation of such an Act; together with a reference to the Commonwealth. (3) An Act of another State or a Territory may be cited— Current as at 8 November 2013 revised version Page 15
Acts Interpretation Act 1954 Part 4 Reference to and citation of Acts [s 14G] (a) by its short title; or (b) in another way sufficient in an Act of the State or Territory for the citation of such an Act; together with a reference to the State or Territory. (4) A British Act may be cited— (a) by its short title; or (b) in another way sufficient in a British Act for the citation of such an Act; together with a reference to the United Kingdom or the term ‘UK’, ‘Imperial Act’ or ‘Imp’. 14G References to enactments (1) An enactment may be cited by reference to the provision of the Act in which it is contained. (2) The reference is to be made according to an official copy of— (a) the Act; or (b) the Act as amended. (3) In this section— Act includes Commonwealth Act, Act of another State, Territory Act or British Act. enactment includes any portion of an Act. official copy (a) of an Act of Queensland or an Act of Queensland as amended—see schedule 1, definition official copy ; or (b) of an Act of another jurisdiction or an Act of another jurisdiction as amended—means a copy, including a reproduction in electronic form, of the Act or the Act as amended that, under a law of the jurisdiction, is presumed to be a correct copy of the Act or the Act as amended, in the absence of evidence to the contrary. Page 16 Current as at 8 November 2013 revised version
Acts Interpretation Act 1954 Part 4 Reference to and citation of Acts [s 14H] 14H References taken to be included in reference to law (1) In an Act, a reference to a law (including the Act) includes a reference to the following— (a) the law as originally made, and as amended from time to time since it was originally made; (b) if the law has been repealed and remade (with or without modification) since the reference was made—the law as remade, and as amended from time to time since it was remade; (c) if a relevant provision of the law has been omitted and remade (with or without modification) in another law since the reference was made—the other law as in force when the provision was remade, and as amended from time to time since the provision was remade. (2) In an Act, a reference to a provision of a law (including the Act) includes a reference to the following— (a) the provision as originally made, and as amended from time to time since it was originally made; (b) if the provision has been omitted and remade (with or without modification and whether in the law or another law) since the reference was made—the provision as remade, and as amended from time to time since it was remade. (3) In this section— law includes a law of the Commonwealth, another State or a Territory. make includes enact. 14I References to changed short titles and citations (1) If the short title or citation of a law is amended, a reference in an Act to the short title or citation includes a reference to the short title or citation as amended. (2) In this section— Current as at 8 November 2013 revised version Page 17
Acts Interpretation Act 1954 Part 5 Commencement of Acts [s 14J] law includes a law of the Commonwealth, another State or a Territory. 14J References to repealed or expired laws (1) If an Act refers to another law as repealed or expired, the reference is to the other law as in force immediately before it was repealed or expired. Example The ‘repealed ABC Act 1950 ’ is a reference to the ABC Act 1950 as in force immediately before it was repealed. (2) In this section— law includes a law of the Commonwealth, another State or a Territory. Part 5 Commencement of Acts 15 References to enactment etc. of Acts In an Act, a reference to the enactment of an Act or the passing of an Act is a reference to the fact of the Act’s having received the royal assent. 15A Commencement of Acts on date of assent An Act commences on the date of assent except so far as the Act otherwise expressly provides. 15B Time of commencement of Acts If an Act or a provision of an Act commences on a day, it commences at the beginning of the day. Page 18 Current as at 8 November 2013 revised version
Acts Interpretation Act 1954 Part 5 Commencement of Acts [s 15C] 15C Commencement of citation and commencement provisions on date of assent etc. (1) The provisions of an Act providing for its citation and commencement commence on the date of assent by force of this subsection. (2) A reference in an Act to the commencement of the Act, or another Act, (the Act concerned ), is a reference to— (a) if the provisions of the Act concerned (other than those providing for its citation and commencement) commence, or are required to commence, on a single day or at a single time—the commencement of the remaining provisions; or (b) if paragraph (a) does not apply and the reference is in a provision of the Act concerned—the commencement of the provision; or (c) in any other case—the commencement of the relevant provision of the Act concerned. (3) Subsection (1) applies to an Act despite anything in the Act unless the Act expressly provides that it does not apply. 15D Commencement by proclamation etc. (1) If an Act or provisions of an Act is or are expressed to commence on a day to be fixed by proclamation or other instrument— (a) a single day or time may be fixed; or (b) different days or times may be fixed for different provisions. (2) If the day or time fixed by a proclamation for the commencement of an Act or a provision of an Act happens before the day on which the proclamation is notified (the notification day )— (a) the proclamation is valid; but (b) the Act or provision commences on the notification day. Current as at 8 November 2013 revised version Page 19
Acts Interpretation Act 1954 Part 5 Commencement of Acts [s 15DA] 15DA Automatic commencement of postponed law (1) In this section— assent day means the date of assent of— (a) if the postponed law is an Act—the Act; or (b) if the postponed law is a provision of an Act—the Act that enacts the provision. postponed law means an Act or provision of an Act that does not commence on the assent day because a provision of an Act postpones its commencement until a day fixed under an instrument. (2) If a postponed law has not commenced within 1 year of the assent day, it automatically commences on the next day. (3) However, within 1 year of the assent day, a regulation may extend the period before commencement under subsection (2) to not more than 2 years of the assent day. (4) The regulation mentioned in subsection (3) may be made under— (a) the Act that is the postponed law; or (b) the Act of which the postponed law is a provision; or (c) an Act that the postponed law amends; as if the Act mentioned in paragraph (a), (b) or (c) included a provision that had commenced and authorised the regulation to be made. (5) This section— (a) only applies to a postponed law enacted after 31 December 1994; and (b) applies to a postponed law unless an Act expressly states it does not apply. Example The Hypothetical Act 1995 was assented to on 5 April 1995 and was expressed to commence on a day to be fixed by proclamation. If the Act was not commenced by 5 April 1996, it would commence on 6 April Page 20 Current as at 8 November 2013 revised version
Acts Interpretation Act 1954 Part 5 Commencement of Acts [s 15E] 1996 under subsection (2) unless a regulation had been made under subsection (3) extending time for commencement. 15E Commencement of paragraphs etc. in amending Act If an Act amends another Act and the amendment is in the form of— (a) a paragraph, or subparagraph, of a section or subsection of the amending Act; or (b) any other provision that is not self-contained; the amendment may be given a separate commencement. 17 Exercise of powers between enactment and commencement (1) If a provision of an Act (the empowering provision ) that does not commence on its enactment would, had it commenced— (a) confer a power— (i) to make an appointment; or (ii) to make a statutory instrument of a legislative or administrative character; or (iii) to do any other thing; or (b) amend a provision of another Act so that the other Act would confer such a power; then— (c) the power may be exercised; and (d) anything may be done for the purpose of— (i) enabling the exercise of the power; or (ii) bringing the appointment, instrument or other thing into effect; before the empowering provision commences. (2) If— Current as at 8 November 2013 revised version Page 21
Acts Interpretation Act 1954 Part 5 Commencement of Acts [s 17] (a) an Act that has commenced confers a power to make a statutory instrument (the basic instrument-making power ); and (b) a provision of an Act that does not commence on its enactment would, had it commenced, amend the Act mentioned in paragraph (a) so as to confer additional power to make a statutory instrument (the additional instrument-making power ); then— (c) the basic instrument-making power and the additional instrument-making power may be exercised by making a single instrument; and (d) any provision of the instrument that required an exercise of the additional instrument-making power is to be treated as made under subsection (1). (3) If an instrument, or a provision of an instrument, is made under subsection (1) that is necessary for the purpose of— (a) enabling the exercise of a power mentioned in subsection (1)(a); or (b) bringing an appointment, instrument or other thing made or done under such a power into effect; the instrument or provision takes effect— (c) on the making of the instrument; or (d) if the instrument or provision is expressed to take effect at a later time—the later time. (4) If— (a) an appointment is made under subsection (1); or (b) an instrument, or provision of an instrument, made under subsection (1) is not necessary for a purpose mentioned in subsection (3); the appointment, instrument or provision takes effect— (c) on the commencement of the relevant empowering provision; or Page 22 Current as at 8 November 2013 revised version
Acts Interpretation Act 1954 Part 6 Amendment and repeal of Acts [s 17A] (d) if the appointment, instrument or provision is expressed to take effect at a later time—the later time. (5) Anything done under subsection (1) does not confer a right, or impose a liability, on a person before the relevant empowering provision commences. (6) After the enactment of a provision mentioned in subsection (1)(b) but before the provision’s commencement, this section applies as if the references in subsections (1) and (4) to the commencement of the empowering provision were references to the commencement of the provision mentioned in subsection (1)(b) as amended by the empowering provision. Part 6 Amendment and repeal of Acts 17A Act may be amended or repealed in same parliamentary session An Act may be amended or repealed in the session of Parliament in which it is passed. 18 Time of expiry of Act etc. If an Act or a provision of an Act— (a) expires on a day; or (b) is expressed to remain or continue in force, or otherwise have effect, until a day; the Act or provision has effect until the end of the day. 19 Repealed and amended Acts not revived on repeal of repealing and amending Acts (1) In this section— Act includes a provision of an Act. Current as at 8 November 2013 revised version Page 23
Acts Interpretation Act 1954 Part 6 Amendment and repeal of Acts [s 19A] repeal includes expiry. (2) If an Act (the first Act ) is repealed by another Act (the other Act ), the first Act is not revived merely because the other Act is repealed. Examples 1 Act A repeals Act B. Act A is repealed. The repeal of Act A does not revive Act B. 2 Act A repeals Act B. Act A is automatically repealed under section 22C. The repeal of Act A does not revive Act B. (3) If an Act (the first Act ) is amended by another Act (the other Act ), the continuing operation of the amendments made by the other Act is not affected merely because the other Act is repealed and, in particular, the first Act is not revived in the form that it was in before the amendments took effect merely because of the repeal. Examples 1 Act A amends Act B. Act A is repealed after it has commenced by a later Act C. The amendments made by Act A continue to operate, even though Act A has been repealed. 2 Act A amends Act B. Act A is automatically repealed under section 22C. The amendments made by Act A continue to operate, even though Act A has been repealed. (4) This section is in addition to, and does not limit, sections 20 and 20A, or any provision of the law by which the repeal is made. 19A Commencement not undone if omitted If a provision of an Act provides for the commencement of a law and the law has commenced, the later omission of the provision does not affect the continuing operation of the law. 20 Saving of operation of repealed Act etc. (1) In this section— Act includes a provision of an Act. Page 24 Current as at 8 November 2013 revised version
Acts Interpretation Act 1954 Part 6 Amendment and repeal of Acts [s 20A] repeal includes expiry. (2) The repeal or amendment of an Act does not— (a) revive anything not in force or existing at the time the repeal or amendment takes effect; or (b) affect the previous operation of the Act or anything suffered, done or begun under the Act; or (c) affect a right, privilege or liability acquired, accrued or incurred under the Act; or (d) affect a penalty incurred in relation to an offence arising under the Act; or (e) affect an investigation, proceeding or remedy in relation to a right, privilege, liability or penalty mentioned in paragraph (c) or (d). (3) The investigation, proceeding or remedy may be started, continued or completed, and the right, privilege or liability may be enforced and the penalty imposed, as if the repeal or amendment had not happened. (4) Without limiting subsections (2) and (3), the repeal or amendment of an Act does not affect— (a) the proof of anything that has happened; or (b) any right, privilege or liability saved by the operation of the Act; or (c) any repeal or amendment made by the Act; or (d) any savings, transitional or validating effect of the Act. (5) This section is in addition to, and does not limit, sections 19 and 20A, or any provision of the law by which the repeal or amendment is made. 20A Repeal does not end saving, transitional or validating effect etc. (1) In this section— Current as at 8 November 2013 revised version Page 25
Acts Interpretation Act 1954 Part 6 Amendment and repeal of Acts [s 20A] Act includes a provision of an Act. repeal includes expiry. (2) If an Act— (a) declares a thing for a saving or transitional purpose (whether or not the Act is expressed to be made for a purpose of that type); or (b) validates a thing that may otherwise be invalid; or (c) declares a thing for a purpose that is consequential on a declaration mentioned in paragraph (a) or a validation mentioned in paragraph (b) (whether or not the Act is expressed to be made for a purpose of that type); the declaratory or validating effect of the Act does not end merely because of the repeal of the Act. Example of paragraph (a) a provision stating that an existing licence under a repealed law is taken to be a licence of a particular kind under another law and authorising the imposition of conditions under the other law Example of paragraph (b) a provision declaring an instrument to have been validly made and acts done in reliance on the instrument to have been validly done Examples of paragraph (c) 1 a provision stating that a matter that is declared valid is not justiciable 2 a provision stating that an instrument that is declared valid is taken to have been amended in a particular way (3) If an Act (the savings law ) declares an Act (the declared law ) to be a law to which this section applies— (a) the effect of the declared law does not end merely because of its repeal; and (b) the effect of the savings law does not end merely because of its repeal. Page 26 Current as at 8 November 2013 revised version
Acts Interpretation Act 1954 Part 6 Amendment and repeal of Acts [s 20B] (4) A declaration may be made for subsection (3) about an Act whether or not the Act is a law to which subsection (2) applies. (5) A declaration made for subsection (3) about an Act does not imply that, in the absence of a declaration about it, another Act is not a law to which this section applies. (6) This section is in addition to, and does not limit, sections 19 and 20, or any provision of the law by which the repeal is made. 20B Continuance of appointments etc. made under amended provisions (1) This section applies if— (a) a provision of a law expressly or impliedly authorises or requires— (i) the making of an appointment; or (ii) the delegation of a function or power; or (iii) the doing of anything else (other than the making of a statutory instrument); and (b) the provision is amended by an Act; and (c) under the amended provision— (i) the appointment may be made; or (ii) the function or power may be delegated; or (iii) the thing may be done. (2) An appointment, delegation or other thing mentioned in subsection (1) that was in force immediately before the commencement of the amendment continues to have effect after the commencement as if it had been done under the amended provision. (3) In this section— Current as at 8 November 2013 revised version Page 27
Acts Interpretation Act 1954 Part 6 Amendment and repeal of Acts [s 20C] amend includes omit and re-enact in the same law (with or without modification), but does not include omit and re-enact in another law. 20C Creation of offences and changes in penalties (1) In this section— Act includes a provision of an Act. (2) If an Act makes an act or omission an offence, the act or omission is only an offence if committed after the Act commences. (3) If an Act increases the maximum or minimum penalty, or the penalty, for an offence, the increase applies only to an offence committed after the Act commences. 21 Continuance of repealed provisions If an Act repeals some or all of the provisions of an Act and enacts new provisions in substitution for the repealed provisions, the repealed provisions continue in force until the new provisions commence. 22 Act and amending Acts to be read as one An Act and all Acts amending the Act are to be read as one. 22A Insertion of provisions by amending Act (1) If an Act amends a provision of a law by inserting a subsection that is to form part of a series of subsections, and does not specify the position in the provision where it is to be inserted, the subsection is to be inserted in the appropriate numerical or alphanumerical position. (2) If an Act amends a provision of a law by inserting a paragraph that is to form part of a series of paragraphs, and does not specify the position in the provision where it is to be inserted, Page 28 Current as at 8 November 2013 revised version
Acts Interpretation Act 1954 Part 6 Amendment and repeal of Acts [s 22B] the paragraph is to be inserted in the appropriate alphabetical position. (3) If an Act amends a provision of a law by inserting a subparagraph that is to form part of a series of subparagraphs, and does not specify the position in the provision where it is to be inserted, the subparagraph is to be inserted in the appropriate numerical or alphanumerical position. (4) If an Act amends a provision of a law by inserting a sub-subparagraph that is to form part of a series of sub-subparagraphs, and does not specify the position in the provision where it is to be inserted, the sub-subparagraph is to be inserted in the appropriate alphabetical position. (5) If an Act amends a provision of a law by inserting a definition that is to form part of a series of definitions, and does not specify the position in the provision where it is to be inserted, the definition is to be inserted in the appropriate alphabetical position, determined on a letter-by-letter basis. (6) If an Act otherwise amends a provision of a law by inserting a provision that is to form part of a series of provisions, and does not specify the position in the first provision where it is to be inserted, the second provision is to be inserted in the appropriate numerical or alphanumerical position. (7) If an Act amends a provision of a law by inserting an example, note or penalty, and does not specify the position in the provision where it is to be inserted, the example, note or penalty is to be inserted at the end of the provision. (8) In determining the appropriate position in which a provision is to be inserted, regard may be had to current Queensland legislative drafting practice. 22B Amendment to be made wherever possible in provision If an Act amends a provision of a law— (a) by omitting a word; or (b) by omitting a word and inserting another word; or Current as at 8 November 2013 revised version Page 29
Acts Interpretation Act 1954 Part 6 Amendment and repeal of Acts [s 22C] (c) by inserting a word before or after a particular word; the amendment is to be made wherever possible in the provision. 22C Automatic repeal of amending Act (1) An amending Act enacted after 30 June 1994 is automatically repealed at the beginning of the day after all of its provisions have commenced. (2) A repeal under subsection (1) has effect for all purposes, including, for example, sections 19 to 20A. (3) This section is in addition to, and does not limit the operation of, any other provision of this Act about repeals. (4) In this section— amending Act means an Act that consists only of provisions of the following types— (a) the Act’s long title; (b) the Act’s preamble (if any); (c) a provision about the Act’s citation; (d) a provision (if any) about the Act’s commencement; (e) a provision providing for the amendment or repeal of an Act or other instrument (including a provision identifying the amended or repealed instrument); (f) a provision providing for the extension of the period before commencement, under section 15DA(2), of an Act or a provision of an Act that has not commenced within 1 year of the assent day; (g) a provision declaring an Act or a provision of an Act to be a law to which section 20A applies. Example 1 The Hypothetical Amending Act 1995 amends the ABC Act and the LMN Act . It also repeals a list of Acts set out in a schedule. Apart from— a long title Page 30 Current as at 8 November 2013 revised version
Acts Interpretation Act 1954 Part 7 Functions and powers conferred by Acts [s 23] a provision about the Act’s citation (that is, the Act’s short title) a provision about the Act’s commencement amending provisions (that is, provisions stating that the ABC Act and the LMN Act are amended and the provisions amending the Acts) repealing provisions (that is, a provision stating that the Acts set out in the schedule are repealed and a schedule) a provision about the application of section 20A to a provision being repealed; the Hypothetical Amending Act 1995 contains no other provisions. Its repealing provisions commence on assent, 21 March 1995. Its amending provisions commence on proclamation, 12 April 1995. Under subsection (1), the Hypothetical Amending Act 1995 is automatically repealed at the beginning of 13 April 1995. Example 2 The Example Act 1995 contains provisions establishing a new scheme. It also amends several Acts and repeals others. Because it contains the scheme provisions, it is not an amending Act covered by subsection (1). assent day means the date of assent of— (a) if the provision provides for the extension of the period before commencement, under section 15DA(2), of an Act—the Act; or (b) if the provision provides for the extension of the period before commencement, under section 15DA(2), of a provision of an Act—the Act that enacts the provision. Part 7 Functions and powers conferred by Acts 23 Performance of statutory functions etc. (1) If an Act confers a function or power on a person or body, the function may be performed, or the power may be exercised, as occasion requires. Current as at 8 November 2013 revised version Page 31
Acts Interpretation Act 1954 Part 7 Functions and powers conferred by Acts [s 23A] (2) If an Act confers a function or power on a specified officer or the holder of a specified office, the function may be performed, or the power may be exercised, by the person for the time being occupying or acting in the office concerned. (3) If an Act confers a function or power on a body (whether or not incorporated), the performance of the function, or the exercise of the power, is not affected merely because of vacancies in the membership of the body. 23A Conferral of statutory power on another entity (1) If a provision of an Act, whether expressly or by implication, confers a power (the first power ) on an entity to authorise or require another entity to exercise a power (the second power ), then, if the first power is exercised, the provision is taken to confer the second power on the other entity. (2) In this section— power includes doing an act or making a decision for the purpose of performing a function. 24AA Power to make instrument or decision includes power to amend or repeal If an Act authorises or requires the making of an instrument or decision— (a) the power includes power to amend or repeal the instrument or decision; and (b) the power to amend or repeal the instrument or decision is exercisable in the same way, and subject to the same conditions, as the power to make the instrument or decision. 24A Appointments may be made by name or office (1) If an Act authorises or requires a person or body— (a) to appoint a person to an office; or Page 32 Current as at 8 November 2013 revised version
Acts Interpretation Act 1954 Part 7 Functions and powers conferred by Acts [s 24B] (b) to appoint a person or body to exercise a power; or (c) to appoint a person or body to do another thing; the person or body may make the appointment by— (d) appointing a person or body by name; or (e) appointing a specified officer, or the holder of a specified office, by reference to the title of the office concerned. (2) An appointment of a specified officer, or the holder of a specified office, is taken to be the appointment of the person for the time being occupying or acting in the office concerned. 24B Acting appointments (1) If an Act authorises a person or body to appoint a person to act in an office, the person or body may, in accordance with the Act, appoint— (a) a person by name; or (b) a specified officer, or the holder of a specified office, by reference to the title of the office concerned; to act in the office. (2) The appointment may be expressed to have effect only in the circumstances specified in the instrument of appointment. (3) The appointer may— (a) determine the terms and conditions of the appointment, including remuneration and allowances; and (b) end the appointment at any time. (3A) If the appointer is a body, the appointment may be made or ended by a resolution of the body. (4) The appointment, or the ending of the appointment under subsection (3)(b), must be in, or evidenced by, writing, signed by the appointer or, if the appointer is a body, by a person authorised by the body for the purpose. Current as at 8 November 2013 revised version Page 33
Acts Interpretation Act 1954 Part 7 Functions and powers conferred by Acts [s 24B] (5) The appointee must not act for more than 1 year during a vacancy in the office. (6) If the appointee is acting in the office otherwise than because of a vacancy in the office and the office becomes vacant, then, subject to subsection (2), the appointee may continue to act until— (a) the appointer otherwise directs; or (b) the vacancy ends; or (c) the end of a year from the day of the vacancy; whichever happens first. (7) The appointment ends if the appointee resigns by writing signed and delivered to the appointer. (7A) If the vacancy in the office in which a person is acting ends, the person’s appointment to act in the office because of the vacancy also ends. (7B) If the holder of the office in which a person is acting resumes the office, the person’s appointment to act in the office because of the absence of the holder of the office ends. (7C) Subsections (7A) and (7B) apply even if a contrary intention appears in the instrument of, or evidencing the, appointment to act. (7D) A person’s substantive appointment to an office does not end merely because the person acts in another office. (7E) To avoid any doubt, it is declared that subsections (7A) to (7D) do not change the law of Queensland. (8) While the appointee is acting in the office— (a) the appointee has all the functions and powers of the holder of the office; and (b) laws apply to the appointee, and to other persons in relationship to the appointee, as if the appointee were the holder of the office. (9) Anything done by or in relation to a person purporting to act in the office is not invalid merely because— Page 34 Current as at 8 November 2013 revised version
Acts Interpretation Act 1954 Part 7 Functions and powers conferred by Acts [s 24B] (a) the occasion for the appointment had not arisen; or (b) the appointment had ended; or (c) the occasion for the person to act had not arisen or had ended. (10) If the Act authorises the appointer to appoint a person to act during a vacancy in the office, an appointment to act in the office may be made by the appointer whether or not an appointment has previously been made to the office. (11) If— (a) the appointer is a specified officer or the holder of a specified office; and (b) the person who was the specified officer or holder of the specified office when the appointment was made ceases to be the officer or holder of the office; then— (c) the appointment continues in force; and (d) the person for the time being occupying or acting in the office concerned is taken to be the appointer for the purposes of this section. (12) If— (a) the appointer is a body; and (b) there is a change in the membership of the body; then— (c) the appointment continues in force; and (d) the body as constituted for the time being is taken to be the appointer for the purposes of this section. (13) Writing purporting to be, or to contain, an appointment, or the ending of an appointment under subsection (3)(b), is evidence of the appointment or the ending of the appointment. (14) A certificate signed by the appointer (or, if the appointer is a body, by a person authorised by the body for the purpose) Current as at 8 November 2013 revised version Page 35
Acts Interpretation Act 1954 Part 7 Functions and powers conferred by Acts [s 24C] stating anything in relation to an appointment is evidence of the thing. (15) A document purporting to be a certificate mentioned in subsection (14) is taken to be the certificate, and to have been properly given, unless the contrary is established. 24C Acting person nominated by Act etc. (1) This section applies if an Act provides that a specified officer, or the holder of a specified office, (the nominated person ) acts as another specified officer or in another specified office on a specified occasion. (2) While the nominated person is acting as the other officer or in the other office— (a) the nominated person has all the functions and powers of the officer or holder of the office; and (b) laws apply to the nominated person, and to other persons in relationship to the nominated person, as if the nominated person were the officer or holder of the office. (3) Anything done by or in relation to the nominated person while the nominated person is purporting to act as the other officer or in the other office is not invalid merely because the occasion for the nominated person to act had not happened or had ceased. 25 Powers of appointment imply certain incidental powers (1) If an Act authorises or requires a person or body to appoint a person to an office— (a) the power may be exercised as occasion requires; and (b) the power includes— (i) power to remove or suspend, at any time, a person appointed to the office; and Page 36 Current as at 8 November 2013 revised version
Acts Interpretation Act 1954 Part 7 Functions and powers conferred by Acts [s 26] (ii) power to appoint another person to act in the office if a person appointed to the office is removed or suspended; and (iii) power to reinstate or reappoint a person removed or suspended; and (iv) power to appoint a person to act in the office if it is vacant (whether or not the office has ever been filled); and (v) power to appoint a person to act in the office if the person appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise); and (c) the power also includes power to reappoint a person to the office if the person is eligible to be appointed to the office. (2) The power to remove or suspend a person under subsection (1)(b) may be exercised even if the Act under which the person was appointed provides that the holder of the office to which the person was appointed is to hold office for a specified period. (3) The power to make an appointment under subsection (1)(b) may be exercised as occasion requires. (4) An appointment under subsection (1)(b) may be expressed to have effect only in the circumstances specified in the instrument of appointment. 26 Appointment not affected by defect etc. The appointment of a person to an office, to act in an office, to exercise a power or to do anything else is not invalid merely because of a defect or irregularity in relation to the appointment. Current as at 8 November 2013 revised version Page 37
Acts Interpretation Act 1954 Part 7 Functions and powers conferred by Acts [s 27] 27 Power to hear and determine includes power to administer oath A person or body authorised by law, or by consent of parties, to conduct a hearing for the purpose of the determination (by that or another person or body) of any matter has authority— (a) to receive evidence; and (b) to examine witnesses, and to administer oaths to witnesses, who have been lawfully called before the person or body. 27A Delegation of functions or powers (1) If an Act authorises a person or body to delegate a function or power, the person or body may, in accordance with the Act and any other applicable law, delegate the function or power to— (a) a person or body by name; or (b) a specified officer, or the holder of a specified office, by reference to the title of the office concerned. (2) The delegation may be— (a) general or limited; and (b) made from time to time; and (c) revoked, wholly or partly, by the delegator. (3) The delegation, or a revocation of the delegation, must be in, or evidenced by, writing signed by the delegator or, if the delegator is a body, by a person authorised by the body for the purpose. (3A) If the delegator is a body, the delegation may be made or revoked by a resolution of the body. (3B) All conditions and preliminary steps required for the exercise of a delegation are presumed to have been satisfied and performed unless the contrary is established. (3C) Laws apply to the delegate, and to other persons in relationship to the delegate, in the performance of the Page 38 Current as at 8 November 2013 revised version
Acts Interpretation Act 1954 Part 7 Functions and powers conferred by Acts [s 27A] delegated function or in the exercise of a delegated power as if the delegate were the delegator. (3D) Anything done by or in relation to the delegate in relation to the delegation is taken to have been done by or in relation to the delegator. Example Under an Act an evidentiary certificate purporting to be signed by an office holder is evidence of the content in any proceeding (the facilitation provision ). The Act confers a general power of delegation on the office holder. The office holder uses the power to delegate the function of issuing the certificate to someone else. Under subsections (3C) and (3D) (and (6) and (7)), the facilitation provision is taken to provide for the certificate purporting to be signed by the delegate as having been signed by the delegator. (4) A delegated function or power may be exercised only in accordance with any conditions to which the delegation is subject. (5) The delegate may, in the performance of a delegated function or in the exercise of a delegated power, do anything that is incidental to the delegated function or power. (6) A delegated function or power that purports to have been performed or exercised by the delegate is taken to have been properly performed or exercised by the delegate unless the contrary is proved. (7) A delegated function or power that is properly performed or exercised by the delegate is taken to have been performed or exercised by the delegator. (8) If, when performed or exercised by the delegator, a function or power is dependent on the delegator’s opinion, belief or state of mind, then, when performed or exercised by the delegate, the function or power is dependent on the delegate’s opinion, belief or state of mind. (8A) If— (a) the delegator is a specified officer or the holder of a specified office; and Current as at 8 November 2013 revised version Page 39
Acts Interpretation Act 1954 Part 7 Functions and powers conferred by Acts [s 27A] (b) the person who was the specified officer or holder of the specified office when the delegation was made ceases to be the officer or holder of the office; then— (c) the delegation continues in force; and (d) the person for the time being occupying or acting in the office concerned is taken to be the delegator for the purposes of this section. (8B) If— (a) the delegator is a body; and (b) there is a change in the membership of the body; then— (c) the delegation continues in force; and (d) the body as constituted for the time being is taken to be the delegator for the purposes of this section. (9) If a function or power is delegated to a specified officer or the holder of a specified office— (a) the delegation does not cease to have effect merely because the person who was the specified officer or the holder of the specified office when the function or power was delegated ceases to be the officer or the holder of the office; and (b) the function or power may be performed or exercised by the person for the time being occupying or acting in the office concerned. (10) A function or power that has been delegated may, despite the delegation, be performed or exercised by the delegator. (10A) The delegation of a function or power does not relieve the delegator of the delegator’s obligation to ensure that the function or power is properly performed or exercised. (11) Subject to subsection (12), this section applies to a subdelegation of a function or power in the same way as it applies to a delegation of a function or power. Page 40 Current as at 8 November 2013 revised version
Acts Interpretation Act 1954 Part 7 Functions and powers conferred by Acts [s 27B] (12) If an Act authorises the delegation of a function or power, the function or power may be subdelegated only if the Act expressly authorises the function or power to be subdelegated. (13) Writing purporting to be, or to contain, a delegation, or the revocation of a delegation, is evidence of the delegation or revocation. (14) A certificate signed by the delegator (or, if the delegator is a body, by a person authorised by the body for the purpose) stating anything in relation to a delegation is evidence of the thing. (15) A document purporting to be a certificate mentioned in subsection (14) is taken to be the certificate, and to have been properly given, unless the contrary is established. (15A) Authority to delegate a person’s or body’s powers includes authority to delegate doing an act or making a decision for performing a function of the person or body. (16) In this section— power includes doing an act or making a decision for the purpose of performing a function. 27B Content of statement of reasons for decision If an Act requires a tribunal, authority, body or person making a decision to give written reasons for the decision (whether the expression ‘reasons’, ‘grounds’ or another expression is used), the instrument giving the reasons must also— (a) set out the findings on material questions of fact; and (b) refer to the evidence or other material on which those findings were based. 29 Legislative Assembly’s resolutions to be interpreted not to exceed authority (1) A resolution of the Legislative Assembly, or a committee of the Legislative Assembly, made under an Act is to be interpreted as operating— Current as at 8 November 2013 revised version Page 41
Acts Interpretation Act 1954 Part 8 Terms and references in Acts [s 29B] (a) to the full extent of, but not to exceed, the Legislative Assembly’s constitutional powers; and (b) subject to the Act; and (c) distributively. (2) Without limiting subsection (1), if part of a resolution would, apart from this section, be interpreted as exceeding authority— (a) the resolution is valid to the extent to which it does not exceed authority; and (b) the remainder of the resolution is not affected. (3) Without limiting subsection (1), if the application of part of a resolution to a person, matter or circumstance would, apart from this section, be interpreted as exceeding authority, the part’s application to other persons, matters or circumstances is not affected. (4) This section applies to an Act in addition to, and without limiting, any provision of the Act. 29B Working out number of sitting days In working out a particular number of sitting days of the Legislative Assembly, it does not matter whether the days are within the same or different Parliaments or within different sessions of Parliament. Part 8 Terms and references in Acts 32 Defined terms—other parts of speech and grammatical forms If an Act defines a word or expression, other parts of speech and grammatical forms of the word or expression have corresponding meanings. Page 42 Current as at 8 November 2013 revised version
Acts Interpretation Act 1954 Part 8 Terms and references in Acts [s 32A] 32A Definitions to be read in context Definitions in or applicable to an Act apply except so far as the context or subject matter otherwise indicates or requires. 32AA Definitions generally apply to entire Act A definition in or applying to an Act applies to the entire Act. 32AB Terms defined both in this Act and another Act If— (a) a word or expression is defined non-exhaustively for the purposes of an Act other than this Act (the non-exhaustive definition ); and (b) the word or expression is also defined in this Act (the Interpretation Act definition ); then, for the purposes of the first Act— (c) the non-exhaustive definition does not exclude or limit, but may extend, the meaning of the word or expression given by the Interpretation Act definition; and (d) the non-exhaustive and Interpretation Act definitions are to be read in the context of each other and the other provisions of the first Act, but, if the definitions so read are inconsistent, the Interpretation Act definition is displaced. 32B Gender In an Act, words indicating a gender include each other gender. 32C Number In an Act— (a) words in the singular include the plural; and (b) words in the plural include the singular. Current as at 8 November 2013 revised version Page 43
Acts Interpretation Act 1954 Part 8 Terms and references in Acts [s 32CA] 32CA Meaning of may and must etc. (1) In an Act, the word may , or a similar word or expression, used in relation to a power indicates that the power may be exercised or not exercised, at discretion. (2) In an Act, the word must , or a similar word or expression, used in relation to a power indicates that the power is required to be exercised. (3) To remove any doubt, it is declared that this section applies to an Act passed after 1 January 1992 despite any presumption or rule of interpretation. 32CB Words and expressions used in amending Acts (1) Words and expressions used in an Act that amends another law have the same meanings as they have in the other law. (2) Subsection (1) does not limit section 22 (Act and amending Acts to be read as one). 32D References to persons generally (1) In an Act, a reference to a person generally includes a reference to a corporation as well as an individual. (2) Subsection (1) is not displaced merely because there is an express reference to either an individual or a corporation elsewhere in the Act. Examples of references to a person generally another anyone no-one one party person someone whoever Page 44 Current as at 8 November 2013 revised version
Acts Interpretation Act 1954 Part 8 Terms and references in Acts [s 32DA] Examples of express references to a corporation body corporate company corporation sole Examples of express references to an individual adult child spouse 32DA Meaning of de facto partner (1) In an Act, a reference to a de facto partner is a reference to either 1 of 2 persons who are living together as a couple on a genuine domestic basis but who are not married to each other or related by family. (2) In deciding whether 2 persons are living together as a couple on a genuine domestic basis, any of their circumstances may be taken into account, including, for example, any of the following circumstances— (a) the nature and extent of their common residence; (b) the length of their relationship; (c) whether or not a sexual relationship exists or existed; (d) the degree of financial dependence or interdependence, and any arrangement for financial support; (e) their ownership, use and acquisition of property; (f) the degree of mutual commitment to a shared life, including the care and support of each other; (g) the care and support of children; (h) the performance of household tasks; (i) the reputation and public aspects of their relationship. (3) No particular finding in relation to any circumstance is to be regarded as necessary in deciding whether 2 persons are living together as a couple on a genuine domestic basis. Current as at 8 November 2013 revised version Page 45
Acts Interpretation Act 1954 Part 8 Terms and references in Acts [s 32E] (4) Two persons are not to be regarded as living together as a couple on a genuine domestic basis only because they have a common residence. (5) For subsection (1)— (a) the gender of the persons is not relevant; and (b) a person is related by family to another person if the person and the other person would be within a prohibited relationship within the meaning of the Marriage Act 1961 (Cwlth), section 23B, if they were parties to a marriage to which that section applies. (6) In an Act enacted before the commencement of this section, a reference to a spouse includes a reference to a de facto partner as defined in this section unless the Act expressly provides to the contrary. 32E Production of records kept in computers etc. If a person who keeps a record of information by way of a mechanical, electronic or other device is required by or under an Act— (a) to produce the information or a document containing the information to a court, tribunal or person; or (b) to make a document containing the information available for inspection by a court, tribunal or person; then, unless the court, tribunal or person otherwise directs— (c) the requirement obliges the person to produce or make available for inspection, as the case may be, a document that reproduces the information in a form capable of being understood by the court, tribunal or person; and (d) the production to the court, tribunal or person of the document in that form complies with the requirement. Page 46 Current as at 8 November 2013 revised version
Acts Interpretation Act 1954 Part 8 Terms and references in Acts [s 32F] 32F References to commencement (1) In an Act, a reference to commencement for an Act or a provision of an Act is a reference to the time the Act or provision comes into operation. (2) In a provision of an Act, a reference to the commencement without indicating a particular Act or provision is a reference to the commencement of the provision in which the reference occurs. Example of subsection (2) If section 24(3) of an Act stated ‘This section expires 1 month after the commencement’, ‘the commencement’ referred to is the commencement of section 24(3). 33 References to Ministers, departments and chief executives (1) In an Act— (a) a reference to a Minister is a reference to a Minister of the State; and (b) a reference to a particular Minister by title, or to the Minister without specifying a particular Minister by title, includes a reference to another Minister, or member of the Executive Council, who is acting for the Minister. (2) In a provision of an Act, a reference to the Minister without specifying a particular Minister by title is a reference to— (a) the Minister administering the provision; or (b) if, for the time being, different Ministers administer the provision in relation to different matters— (i) if only 1 Minister administers the provision in relation to the relevant matter—the Minister; or (ii) if 2 or more Ministers administer the provision in relation to the relevant matter—any 1 of the Ministers; or Current as at 8 November 2013 revised version Page 47
Acts Interpretation Act 1954 Part 8 Terms and references in Acts [s 33] (c) if paragraph (b) does not apply and, for the time being, 2 or more Ministers administer the provision—any 1 of the Ministers. (3) If a provision of an Act refers to a Minister and specifies the Minister merely by reference to the fact that the Minister administers a specified Act or enactment, subsection (2) applies as if references in paragraphs (a) to (c) to the provision were references to the specified Act or enactment. (4) If an Act defines the expression ‘Minister’ or ‘the Minister’ for the purposes of the Act or a provision of the Act in a way that does not specify a particular Minister by title, subsections (2) and (3) apply to the provision despite that definition of the expression. (5) In an Act, a reference to a specified Minister who no longer exists— (a) is a reference to the Minister specified by notification by the Governor in Council; and (b) includes another Minister, or a member of the Executive Council, who is acting for the specified Minister. (6) In an Act, a reference to a department is a reference to an entity that is a department of government under the Public Service Act 2008 . (7) In a provision of an Act, a reference to the department without specifying a particular department of government by name is a reference to— (a) if, for the time being, different Ministers administer the provision in relation to different matters—the department of government that— (i) deals with the relevant matter; and (ii) is administered by the Minister or Ministers administering the provision in relation to the matter; or (b) in any other case—the department of government that— Page 48 Current as at 8 November 2013 revised version
Acts Interpretation Act 1954 Part 8 Terms and references in Acts [s 33] (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. (8) In an Act, a reference to a specified department of government that no longer exists is a reference to the department specified by notification by the Governor in Council. (9) If a provision of an Act refers to a department of government and specifies the department by reference to the administration (however described) of a specified Act or enactment, subsection (7) applies as if references in paragraphs (a) and (b) to the provision were references to the specified Act or enactment. (10) In an Act, a reference to a chief executive is a reference to a chief executive of a public sector unit. (11) In a provision of an Act, a reference to the chief executive without specifying a particular public sector unit by name is a reference to the chief executive of— (a) if, for the time being, different Ministers administer the provision in relation to different matters—the public sector unit that— (i) deals with the relevant matter; and (ii) is administered by the Minister or Ministers administering the provision in relation to the matter; or (b) in any other case—the public sector unit 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. (12) If a provision of an Act refers to a chief executive by reference to the administration (however described) of a specified Act or enactment, subsection (11) applies as if Current as at 8 November 2013 revised version Page 49
Acts Interpretation Act 1954 Part 8 Terms and references in Acts [s 33A] references in paragraph (a) or (b) to the provision were references to the specified Act or enactment. (13) To remove any doubt, it is declared that if— (a) a provision of an Act is administered by 2 or more Ministers; and (b) under this section, the provision authorises or requires anything to be done by or in relation to any 1 of the Ministers; the provision does not authorise or require it to be done in a particular case by or in relation to more than 1 of the Ministers. 33A References to States include Territories (1) In an Act, a reference to a State (other than a reference to Queensland or a particular State by name) includes a reference to the Australian Capital Territory and the Northern Territory. Examples 1 ‘A law of a State’ includes a law of the Australian Capital Territory and a law of the Northern Territory. 2 ‘A law of the Commonwealth or another State’ includes a law of the Australian Capital Territory and a law of the Northern Territory. (2) Subsection (1) is not displaced merely because there is an express reference to a Territory elsewhere in the Act. (3) This section applies to an Act (other than this Act) enacted before 1 July 1994 only if the Act includes a definition to the effect that a reference to a State includes a reference to a Territory. 34 References to officers and holders of offices In an Act, a reference to a particular officer, or to the holder of a particular office, includes a reference to the person for the time being occupying or acting in the office concerned. Page 50 Current as at 8 November 2013 revised version
Acts Interpretation Act 1954 Part 8 Terms and references in Acts [s 35] 35 References to Queensland to be implied (1) In an Act— (a) a reference to an officer, office or entity is a reference to such an officer, office or entity in and for Queensland; and (b) a reference to a locality, jurisdiction or other thing is a reference to such a locality, jurisdiction or other thing in and of Queensland. (2) In an Act, a reference to an office or entity established by or under an Act need not include the words ‘Queensland’ or ‘of Queensland’ merely because the words form part of its name or title. 35A References to person with interest in land includes personal representative etc. In an Act, a reference to a person as proprietor, transferor, transferee, mortgagor, mortgagee, lessor, lessee, trustee or as having an interest in land includes a reference to the person’s personal representatives, successors and assigns. 35B References to provisions designated by number without mentioning another Act Definitions (1) In this section— body of the Act means the Act apart from any preamble, schedule or appendix of the Act. provision unit means— (a) the body of the Act or the preamble, a schedule or appendix of the Act; or (b) a chapter, part, division, subdivision, section, subsection, paragraph, subparagraph, or sub-subparagraph, of the body of the Act or a schedule or appendix of the Act; or Current as at 8 November 2013 revised version Page 51
Acts Interpretation Act 1954 Part 8 Terms and references in Acts [s 35B] (c) another provision of the body of the Act or a schedule or appendix of the Act; or (d) a provision of a preamble of the Act. Purpose of section (2) This section explains the meaning of a reference in an Act (the Act concerned ) to a provision, designated by a number, that does not mention another Act. Examples of references to which section applies 1 ‘chapter 10’ 2 ‘part 5, division 4’ 3 ‘section 10 of this Act’ 4 ‘paragraph (a) of this subsection’ References in a provision unit of an Act mentioning the Act or larger provision unit of Act (3) If a reference in an Act to a provision also mentions the Act or a larger provision unit of the Act, the reference itself indicates the provision of the Act to which it refers. Examples 1 A reference in the body of the Act to ‘section 10 of this Act’ is a reference to section 10 of the body of the Act concerned. 2 A reference in a schedule of an Act to ‘section 10 of this schedule’ is a reference to section 10 of the schedule where the reference occurs. 3 A reference to ‘paragraph (a) of this subsection’ is a reference to paragraph (a) of the subsection where the reference occurs. (4) For subsection (3), a reference in a schedule or appendix of an Act to a provision, designated by a number, together with the words ‘of the Act’ is a reference to the provision, designated by the number, of the body of the Act concerned. Example A reference in a schedule of an Act to ‘section 10 of the Act’ is a reference to section 10 of the body of the Act. Other references in body of Act (5) If— Page 52 Current as at 8 November 2013 revised version
Acts Interpretation Act 1954 Part 8 Terms and references in Acts [s 35B] (a) the reference is in the body of an Act; and (b) subsection (4) does not apply to the reference; the reference is a reference to the provision, designated by the number, of the body of the Act or, if there are 2 such provisions, the provision, designated by the number, of the next larger, appropriate provision unit where the reference occurs. Examples in the body of an Act 1 A reference in the body of an Act to ‘chapter 10’ is a reference to chapter 10 of the body of the Act. 2 A reference to ‘part 1’ is a reference to— (a) if the body of the Act is divided into chapters (that is, at least 2 of the chapters are further divided into parts)—part 1 of the chapter where the reference occurs; or (b) if the body of the Act is not divided into chapters (that is, there is only 1 part 1)—part 1 of the body of the Act. 3 A reference in the body of an Act to ‘division 2’ is a reference to division 2 of the part of the Act where the reference occurs. 4 A reference in the body of an Act to ‘subdivision 3’ is a reference to subdivision 3 of the division of the Act where the reference occurs. 5 A reference in the body of an Act to ‘section 10’ is a reference to section 10 of the body of the Act. 6 A reference in the body of an Act to ‘subsection (1)’ is a reference to subsection (1) of the section of the Act where the reference occurs. 7 A reference in the body of an Act to ‘paragraph (a)’ is a reference to— (a) if the section where the reference occurs is divided into subsections—paragraph (a) of the subsection where the reference occurs; or (b) if the section where the reference occurs is not divided into subsections—paragraph (a) of the section of the Act where the reference occurs. 8 A reference to ‘subparagraph (i)’ is a reference to subparagraph (i) of the paragraph where the reference occurs. Current as at 8 November 2013 revised version Page 53
Acts Interpretation Act 1954 Part 8 Terms and references in Acts [s 35B] Other references in preamble, schedule or appendix (6) If— (a) the reference is in the preamble or a schedule or appendix of an Act; and (b) subsection (4) does not apply to the reference; and (c) the reference is a reference to a provision that does not occur in the preamble, schedule or appendix; the reference is a reference to the provision, designated by the number, of the body of the Act. Examples 1 A reference in a schedule that is not divided into chapters to ‘chapter 10’ is a reference to chapter 10 in the body of the Act. 2 A reference in a dictionary schedule to ‘section 30’ is a reference to section 30 in the body of the Act. (7) If— (a) the reference is in the preamble or a schedule or appendix of an Act; and (b) subsection (4) does not apply to the reference; and (c) the reference is a reference to a provision that does occur in the preamble, schedule or appendix; the reference is a reference to the provision designated by the number, of the schedule, appendix or preamble or, if there are 2 such provisions, the provision, designated by the number, of the next larger, appropriate provision unit where the reference occurs. Examples 1 A reference in a schedule divided into parts to ‘part 1’ is a reference to— (a) if the schedule is divided into chapters (that is, at least 2 of the chapters are further divided into parts)—part 1 of the chapter where the reference occurs; or (b) if the schedule is not divided into chapters (that is, there is only 1 part 1)—part 1 of the schedule. Page 54 Current as at 8 November 2013 revised version
Acts Interpretation Act 1954 Part 8 Terms and references in Acts [s 35C] 2 A reference in a schedule divided into sections to ‘section 10’ is a reference to section 10 of the schedule. 3 A reference in a schedule divided into a single series of items to ‘item 5’ is a reference to item 5 of the schedule. 4 A reference in a schedule divided into 2 or more series of items to ‘item 5’ is a reference to item 5 of the series in which the reference occurs. 35C Headings part of provision etc. (1) The heading to a chapter, part, division, subdivision, section, subsection, schedule or another provision of an Act forms part of the provision to which it is a heading. (2) An example of the operation of a provision of an Act at the end of the provision is part of the provision unless the example relates to a different provision. Example of subsection (2) This example forms part of subsection (2) and an amendment omitting subsection (2) would omit this example. (3) A note to a provision of an Act at the end of the provision is part of the provision unless the note relates to a different provision. (4) A penalty at the end of a subsection of an Act— (a) is part of the subsection unless the penalty relates to other subsections of the section; or (b) in any other case—is part of the section. (5) A penalty at the end of a section of an Act that is not divided into subsections is part of the section. (6) The word ‘and’, ‘or’ or ‘but’, or a similar word, at the end of a paragraph, subparagraph, sub-subparagraph or another provision of an Act forms part of the provision concerned. (7) The word ‘and’, ‘or’ or ‘but’, or a similar word, between paragraphs, subparagraphs, sub-subparagraphs or other provisions of an Act forms part of the first of the provisions. Current as at 8 November 2013 revised version Page 55
Acts Interpretation Act 1954 Part 8 Terms and references in Acts [s 35CA] (8) A provision reference associated with a heading to a schedule is part of the heading. Note The provision referred to is the authorising provision or another provision relevant to the schedule. 35CA References to items at the end of a provision In an Act, a penalty, example or note ( end item ) is taken to be at the end of a provision even if there is another end item also at the end of the provision. 35D Reference to provisions of a law is inclusive In an Act, a reference to a part of a law (including the Act) is a reference to the following— (a) the provision of the law that forms the beginning of the part; (b) the provision of the law that forms the end of the part; (c) any provision of the law between the beginning and end of the part. Example 1 A reference to ‘sections 5 to 9’ includes both section 5 and section 9. It is not necessary to refer to ‘sections 5 to 9 (both inclusive)’ to ensure that the reference is given an inclusive interpretation. Example 2 A reference to ‘sections 260 to 264’ includes a provision such as a part heading between sections 260 and 261. 35E Instrument made under the Act In an Act, a reference to a type of statutory instrument is a reference to an instrument of that type made or in force under the Act in which the reference is used. Page 56 Current as at 8 November 2013 revised version
Acts Interpretation Act 1954 Part 9 Distance, time and age [s 36] Example The word ‘by-law’ means a by-law made under the Act in which the word is used. 36 Meaning of commonly used words and expressions (1) In an Act, a term defined in schedule 1 has the meaning stated in that schedule. (2) In an Act, a reference to schedule 1 of this Act includes, if the context permits, a reference to this section. Part 9 Distance, time and age 37 Measurement of distance In applying an Act, distance is to be measured along the shortest road ordinarily used for travelling unless there is a contrary intention that distance is to be measured in a straight line on a horizontal plane or in another way. 38 Reckoning of time (1) If a period beginning on a given day, act or event is provided or allowed for a purpose by an Act, the period is to be calculated by excluding the day, or the day of the act or event, and— (a) if the period is expressed to be a specified number of clear days or at least a specified number of days—by excluding the day on which the purpose is to be fulfilled; and (b) in any other case—by including the day on which the purpose is to be fulfilled. (2) If the time, or last day of a period, calculated forwards that is provided or allowed by an Act for doing anything falls on an Current as at 8 November 2013 revised version Page 57
Acts Interpretation Act 1954 Part 10 Service of documents [s 38A] excluded day, the time, or last day, is taken to fall on the next day later that is not an excluded day. (3) If the time, or earliest day of a period, calculated backwards that is provided or allowed by an Act for doing anything falls on an excluded day, the time, or earliest day, is taken to fall on the next day earlier that is not an excluded day. (4) If no time is provided or allowed for doing anything, the thing is to be done as soon as possible, and as often as the relevant occasion happens. (5) In this section— excluded day (a) for filing or registering a document—means a day on which the office is closed where the filing or registration must or may be done; or (b) otherwise—means a day that is not a business day in the place in which the thing must or may be done. 38A Age For the purposes of an Act, a person is an age in years at the beginning of the person’s birthday for the age. Part 10 Service of documents 39 Service of documents (1) If an Act requires or permits a document to be served on a person, the document may be served— (a) on an individual— (i) by delivering it to the person personally; or (ii) by leaving it at, or by sending it by post, telex, facsimile or similar facility to, the address of the Page 58 Current as at 8 November 2013 revised version
Acts Interpretation Act 1954 Part 10 Service of documents [s 39A] 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 post, telex, facsimile or similar facility to, the head office, a registered office or a principal office of the body corporate. (2) Subsection (1) applies whether the expression ‘deliver’, ‘give’, ‘notify’, ‘send’ or ‘serve’ or another expression is used. (3) Nothing in subsection (1)— (a) affects the operation of another law that authorises the service of a document otherwise than as provided in the subsection; or (b) affects the power of a court or tribunal to authorise service of a document otherwise than as provided in the subsection. 39A Meaning of service by post etc. (1) If an Act requires or permits a document to be served by post, service— (a) may be effected by properly addressing, prepaying and posting the document as a letter; and (b) is taken to have been effected at the time at which the letter would be delivered in the ordinary course of post, unless the contrary is proved. (2) If an Act requires or permits a document to be served by a particular postal method, the requirement or permission is taken to be satisfied if the document is posted by that method or, if that method is not available, by the equivalent, or nearest equivalent, method provided for the time being by Australia Post. (3) Subsections (1) and (2) apply whether the expression ‘deliver’, ‘give’, ‘notify’, ‘send’ or ‘serve’ or another expression is used. Current as at 8 November 2013 revised version Page 59
Acts Interpretation Act 1954 Part 11 Offences and criminal proceedings [s 41] (4) Without limiting subsection (2), the requirement or permission mentioned in the subsection is taken to be satisfied, and is taken always to have been satisfied, for the service of a document if the document is, or was, posted by certified mail provided by Australia Post. Part 11 Offences and criminal proceedings 41 Penalty at end of provision In an Act, a penalty specified at the end of— (a) a section (whether or not the section is divided into subsections); or (b) a subsection (but not at the end of a section); or (c) a section or subsection and expressed in such a way as to indicate that it applies only to part of the section or subsection; indicates that an offence mentioned in the section, subsection or part is punishable on conviction (whether or not a conviction is recorded) or, if no offence is mentioned, a contravention of the section, subsection or part constitutes an offence against the provision that is punishable on conviction (whether or not a conviction is recorded)— (d) if a minimum as well as a maximum penalty is specified—by a penalty not less than the minimum and not more than the maximum; or (e) in any other case—by a penalty not more than the specified penalty. Page 60 Current as at 8 November 2013 revised version
Acts Interpretation Act 1954 Part 11 Offences and criminal proceedings [s 41A] 41A Penalty other than at end of provision (1) In an Act, a penalty specified for an offence, or a contravention of a provision, indicates that the offence is punishable on conviction (whether or not a conviction is recorded), or the contravention constitutes an offence against the provision that is punishable on conviction (whether or not a conviction is recorded)— (a) if a minimum as well as a maximum penalty is specified—by a penalty not less than the minimum and not more than the maximum; or (b) in any other case—by a penalty not more than the specified penalty. (2) This section does not apply to a penalty to which section 41 applies. 42 Any person may prosecute etc. Any person may take a proceeding for the imposition or enforcement of a penalty, or the making of a forfeiture order, under an Act. 43 Appropriation of penalties (1) The following rules apply to an amount recovered because of the imposition of a penalty or the making of a forfeiture order— (a) any part of the amount that is ordered under subsection (2) to be paid to the party prosecuting must first be paid to the party; (b) the remaining part of the amount must then be paid to the consolidated fund. (2) The court that imposes the penalty, or makes the forfeiture order, may order that not more than half of the amount recovered be paid to the party prosecuting. Current as at 8 November 2013 revised version Page 61
Acts Interpretation Act 1954 Part 11 Offences and criminal proceedings [s 44] (3) Subsection (2) does not apply if the party prosecuting is prosecuting as an officer or employee of the State or an officer of the public service. 44 Summary proceedings (1) In an Act, a provision of the type mentioned in subsection (2) means that a proceeding for an offence, or a specified offence, against the Act is a summary proceeding under the Justices Act 1886 . (2) Subsection (1) applies to provisions of the following type— (a) a provision to the effect that a proceeding for the offence is to be heard and decided summarily; (b) a provision to the effect that a proceeding for the offence is to be heard and decided by or before justices or a magistrate; (c) a provision to the effect that the offence is a summary offence or is punishable on summary conviction or summarily; (d) a provision for an offence that does not expressly or impliedly make the offence an indictable offence. (3) In an Act, a provision that provides that another type of proceeding is to be heard and decided summarily, or before justices or a magistrate, means that the proceeding is a summary proceeding under the Justices Act 1886 . (4) A provision providing for the imposition of a penalty or the making of a forfeiture order, without providing how the penalty is to be recovered or the order made, is taken to mean that the penalty may be recovered, or the order made, under the Justices Act 1886 . 45 Offence punishable only once (1) If an act or omission is an offence under each of 2 or more laws, the offender may be prosecuted and punished under any Page 62 Current as at 8 November 2013 revised version
Acts Interpretation Act 1954 Part 12 Application of particular State laws to coastal waters [s 46] of the laws, but the offender may not be punished more than once for the same offence. (2) Subsection (1) applies to a law unless an Act otherwise expressly provides. (3) In this section— law includes the common law. 46 Bodies corporate A provision of an Act relating to offences punishable on indictment or summary conviction applies to bodies corporate as well as individuals. Part 12 Application of particular State laws to coastal waters 47 Definitions for pt 12 In this part— cooperative scheme means the cooperative scheme as defined under the Crimes at Sea Act 2001 , section 3. criminal laws means the substantive criminal law, and the law of criminal investigation, procedure and evidence, within the meaning of the cooperative scheme. laws of the State means the laws, whether written or unwritten and whether substantive or procedural, that are from time to time in force in the State, but does not include— (a) laws of the Commonwealth; or (b) criminal laws. Current as at 8 November 2013 revised version Page 63
Acts Interpretation Act 1954 Part 12 Application of particular State laws to coastal waters [s 47A] 47A Application of laws of the State to coastal waters The laws of the State apply in and in relation to— (a) the coastal waters of the State; and (b) the seabed and subsoil beneath, and the airspace above, the coastal waters of the State; as if the coastal waters of the State, as extending from time to time, were within the limits of the State. 47B Laws with specific application not to apply (1) Nothing in this part makes a provision of the laws of the State applicable in or in relation to a particular place— (a) to the extent the provision is incapable of applying in or in relation to that place; or (b) if those laws expressly provide that the provision does not extend or apply in or in relation to that place; or (c) if those laws expressly provide that the provision applies only in a stated locality in the State that does not include that place. (2) A provision of the laws of the State is not to be taken to be a provision to which subsection (1) applies merely because it is limited in its application to acts, matters and things within Queensland waters, coastal waters or the adjacent area, however described, of the State. 47C Extent of jurisdiction in relation to coastal waters (1) A person who has a function or power conferred on the person under a law for the purposes of or in connection with a provision of the laws of the State has and may perform the function for the purposes of or in connection with that provision, as applying because of this part, as if the coastal waters of the State, as extending from time to time, were within the limits of the State. Page 64 Current as at 8 November 2013 revised version
Acts Interpretation Act 1954 Part 12A Forms [s 47D] (2) All courts of the State are invested with jurisdiction in all matters arising under the provisions of the laws of the State, as applying because of this part, as if the coastal waters of the State, as extending from time to time, were within the limits of the State. 47D Constitutional basis In addition to any other power under which the provisions of this part may be enacted, the provisions of this part are enacted under the legislative power of Parliament as extended by the Coastal Waters (State Powers) Act 1980 (Cwlth), section 5 and the Coastal Waters (State Title) Act 1980 (Cwlth), section 4. 47E Saving Nothing in this part limits any law, other than this part, that provides for the application of the laws of the State, or any part of those laws, beyond the limits of the State. Note Some Acts have special application provisions, for example, the following— Fisheries Act 1994 , section 11 Offshore Minerals Act 1998 , section 16 Petroleum Act 1923 , section 7A Petroleum (Submerged Lands) Act 1982 , section 14. Part 12A Forms 48 Forms—notification and availability (1) This section applies if under an Act (the authorising law ) forms are to be approved or made available by an entity. Current as at 8 November 2013 revised version Page 65
Acts Interpretation Act 1954 Part 12A Forms [s 48A] (2) A form under the authorising law must have a heading stating the name of the authorising law and briefly indicating the form’s purpose. (3) All forms under the authorising law must be numbered using a system that gives each form a unique number. Examples 1 Forms may be numbered consecutively starting with the number 1. 2 Forms may be numbered to reflect the provisions of the Act to which they relate. (4) All versions of a form under the authorising law must be numbered consecutively using a system that gives each version of the form a unique number. (5) The approval or availability under the authorising law of a form, or a new version of a form, must be notified in the gazette. (6) Subsection (5) may be complied with— (a) by publication in the gazette of a notice of— (i) the approval or availability of the form; and (ii) the form’s heading, number and version number; and (iii) a place or places where copies are available; or (b) by publication in the gazette of the form. (7) On the day the approval or availability of the form is notified or as soon as practicable after the day, copies of the form must be available (for purchase or free of charge) at the place, or each of the places, stated in the notice. (8) Failure to comply with this section does not affect a form’s validity. 48A Compliance with forms (1) If a form is prescribed or approved under an Act, strict compliance with the form is not necessary and substantial compliance is sufficient. Page 66 Current as at 8 November 2013 revised version
Acts Interpretation Act 1954 Part 12A Forms [s 48A] (2) If a form prescribed or approved under an Act requires— (a) the form to be completed in a specified way; or (b) specified information or documents to be included in, attached to or given with the form; or (c) the form, or information or documents included in, attached to or given with the form, to be verified in a specified way; the form is not properly completed unless the requirement is complied with. (3) If— (a) a form ( form 1 ) may be prescribed or approved under an Act for a purpose or 2 or more purposes; and (b) another form ( form 2 ) may be prescribed or approved under the Act or another Act for the same or another purpose or purposes; then, if separate forms 1 and 2 are prescribed or approved, a combined form 1 and 2 may be prescribed or approved and used for the purpose or all the purposes. (4) If a form may be prescribed or approved under an Act for a purpose or 2 or more purposes, the form may only require information or documents to be included in, attached to or given with the form that are reasonably necessary for the purpose or 1 or more of the purposes. Example 1 A prescribed or approved form may not require the provision of personal information irrelevant to a purpose for which the form is required. Example 2 A prescribed or approved form may not require the provision of personal information that has some relevance to a purpose for which the form is required, but is excessively intrusive to personal privacy. Current as at 8 November 2013 revised version Page 67
Acts Interpretation Act 1954 Part 13 Miscellaneous [s 49] Part 13 Miscellaneous 49 Verification of documents If an Act requires that, for a purpose of the Act or another law, a document, or information or a document included in, attached to or given with a document, be verified in a specified way, the purpose is not fulfilled unless the requirement is satisfied. Example If an Act requires a document accompanying an application form to be verified by statutory declaration and the document is lodged without being verified in this way, the document has not been properly lodged for the purposes of the Act. 49A Jurisdiction of courts and tribunals If a provision of an Act, whether expressly or by implication, authorises a proceeding to be instituted in a particular court or tribunal in relation to a matter, the provision is taken to confer jurisdiction in the matter on the court or tribunal. 50 Making or amendment of subordinate legislation by an Act (1) The making or amendment of subordinate legislation by an Act does not affect— (a) the power of the empowered entity for the subordinate legislation to amend or further amend the subordinate legislation or to repeal it; or (b) for subordinate legislation required under a law to be approved by another entity—the power of the other entity to approve, or to disapprove, an amendment or further amendment of the subordinate legislation or the repeal of it. (2) In this section— approve means approve, confirm or otherwise consent to. Page 68 Current as at 8 November 2013 revised version
Acts Interpretation Act 1954 Part 13 Miscellaneous [s 51A] disapprove means disapprove or otherwise disallow. empowered entity , for subordinate legislation, means the entity empowered under a law to make the subordinate legislation. 51A References to Acts Shortening Act 1867 In an Act or document, a reference to the Acts Shortening Act or Acts Shortening Act 1867 may, if the context permits, be taken to be a reference to this Act. 52 References to the Crown etc. In every Act— (a) reference to the Sovereign reigning at the time of the passing of such Act, or to ‘Her Majesty’, ‘His Majesty’, ‘the Queen’, ‘the King’, or ‘the Crown’, shall be construed as references to the Sovereign for the time being, and, where necessary, shall include the heirs and successors of such Queen or King; and (b) references to any style or titles appertaining to the Crown at the time of the passing of such Act, shall be construed as references to the style and titles appertaining to the Crown for the time being adopted, with the assent of the Parliament of the Commonwealth of Australia, by the Sovereign for the time being for use in relation to the Commonwealth of Australia and its Territories. Current as at 8 November 2013 revised version Page 69
Acts Interpretation Act 1954 Part 14 Transitional provisions [s 53] Part 14 Transitional provisions Division 1 Transitional provision for Parliamentary Service and Other Acts Amendment Act 2011 53 Transitional—extrinsic material—speech in Legislative Assembly (1) This section applies in relation to a Bill introduced in the Legislative Assembly before the commencement of this section. (2) A reference in section 14B(3), definition extrinsic material , paragraph (f) to a speech made to the Legislative Assembly by the member when introducing the Bill is taken to be a reference to a speech made to the Legislative Assembly by the member in moving a motion that the Bill be read a second time. Division 2 Transitional provisions for Treasury and Trade and Other Legislation Amendment Act 2013 54 Definitions for div 2 In this division— commencement means the commencement of this section. subordinate legislation does not include exempt subordinate legislation. 55 References to s 36, 48A or 49 (1) This section applies to references made before the commencement in an instrument. Page 70 Current as at 8 November 2013 revised version
Acts Interpretation Act 1954 Part 14 Transitional provisions [s 56] (2) If the context permits, from the commencement— (a) a reference to section 36 of this Act is taken to include a reference to schedule 1 of this Act; and (b) a reference to section 48A of this Act is taken to be a reference to section 49 of this Act; and (c) a reference to section 49 of this Act is taken to be a reference to section 48A of this Act. 56 References to gazetted In an instrument, a reference to gazetted in relation to subordinate legislation is taken to be a reference to— (a) for subordinate legislation notified or published in the gazette before the commencement—notified or published in the gazette; or (b) otherwise—notified under the Statutory Instruments Act 1992 , section 47. 57 References to notified in the gazette In an instrument, a reference to notified in the gazette in relation to subordinate legislation is taken to be a reference to— (a) for subordinate legislation notified in the gazette before the commencement—notified in the gazette under the Statutory Instruments Act 1992 , section 47 as in force before the commencement; or (b) otherwise—notified under the Statutory Instruments Act 1992 , section 47. Current as at 8 November 2013 revised version Page 71
Acts Interpretation Act 1954 Schedule 1 Schedule 1 Meaning of commonly used words and expressions section 36 Page 72 Aboriginal people means people of the Aboriginal race of Australia. Aboriginal tradition means the body of traditions, observances, customs and beliefs of Aboriginal people generally or of a particular community or group of Aboriginal people, and includes any such traditions, observances, customs and beliefs relating to particular persons, areas, objects or relationships. Aborigine means a person of the Aboriginal race of Australia. Act has the meaning given by sections 6 and 7. Acting Governor means a person administering the Government of the State under the Constitution of Queensland 2001 , section 41. adjacent area in respect of the State means the area the boundary of which is described in the Petroleum (Submerged Lands) Act 1967 (Cwlth), schedule 2, as in force immediately before the commencement of the Coastal Waters (State Powers) Act 1980 (Cwlth). Administrative Arrangements means the administrative arrangements made by the Governor in Council by order under the Constitution of Queensland 2001 , section 44. adult means an individual who is 18 or more. affidavit , in relation to a person allowed by law to affirm, declare or promise, includes affirmation, declaration and promise. amend includes— (a) for an Act, instrument or provision of an Act or instrument—omit, insert, and omit and insert; and Current as at 8 November 2013 revised version
Acts Interpretation Act 1954 Schedule 1 (b) for an Act or provision of an Act—amend by implication; and (c) for an instrument or provision of an instrument—alter or vary. appoint includes reappoint. appropriately qualified (a) for a function or power—means having the qualifications, experience or standing appropriate to perform the function or exercise the power; or (b) for appointment to an office—means having the qualifications, experience or standing appropriate to perform the functions of the office. Example of standing a person’s classification level in the public service AS means Australian Standard made or published by Standards Australia. ASC Law has the same meaning as ASIC Law . ASC Regulations has the same meaning as ASIC Regulations has when ASIC Regulations is used in relation to the ASIC Law. ASIC means the Australian Securities and Investments Commission. ASIC Act means the Australian Securities and Investments Commission Act 2001 (Cwlth). ASIC Law has the meaning given by the Corporations (Queensland) Act 1990 , part 11. ASIC Regulations (a) when used in relation to the ASIC Law, has the meaning given by the Corporations (Queensland) Act 1990 , part 11; and (b) when used in relation to the ASIC Act, means regulations made, or that have effect as if they were made, under the ASIC Act. Current as at 8 November 2013 revised version Page 73
Acts Interpretation Act 1954 Schedule 1 asset includes property of any type. Australia means the Commonwealth of Australia but, when used in a geographical sense, does not include an external Territory. Australia Acts means the Australia Act 1986 (Cwlth) and the Australia Act 1986 (UK). Australian Standard means a standard made or published by Standards Australia. bank means a financial institution that has a consent under the Banking Act 1959 (Cwlth), section 66, to assume or use— (a) the word ‘bank’, ‘banker’ or ‘banking’; or (b) any other word (whether or not in English) that is of like import to a word covered by paragraph (a). breach includes fail to comply with. British Act means an Act of the British Parliament. British Parliament means— (a) the Parliament of England; or (b) the Parliament of Great Britain; or (c) the Parliament of the United Kingdom of Great Britain and Ireland; or (d) the Parliament of the United Kingdom of Great Britain and Northern Ireland; as the case requires. burial includes cremation. business day means a day that is not— (a) a Saturday or Sunday; or (b) a public holiday, special holiday or bank holiday in the place in which any relevant act is to be or may be done. calendar month means a period starting at the beginning of any day of 1 of the 12 named months and ending— Page 74 Current as at 8 November 2013 revised version
Acts Interpretation Act 1954 Schedule 1 (a) immediately before the beginning of the corresponding day of the next named month; or (b) if there is no such corresponding day—at the end of the next named month. calendar year means a period of 12 months beginning on 1 January. change includes change by addition, exception, omission or substitution. charge , of an offence, means a charge in any form, including, for example, the following— (a) a charge on an arrest; (b) a complaint under the Justices Act 1886 ; (c) a charge by a court under the Justices Act 1886 , section 42(1A) or another provision of an Act; (d) an indictment. cheque includes payment order. chief executive (a) for a department specified by name—means the chief executive of the department; or (b) for a public service office specified by name—means the head of the office under the Public Service Act 2008 ; or (c) for the police service—the commissioner of the police service; or (d) for another public sector unit specified by name—means the chief executive (however described) in charge of the unit; or (e) in any other case—see section 33. chief executive (corrective services) means the chief executive of the department in which the Corrective Services Act 2006 is administered. chief executive officer of a local government includes the town clerk of the Brisbane City Council. Current as at 8 November 2013 revised version Page 75
Acts Interpretation Act 1954 Schedule 1 Page 76 child , if age rather than descendancy is relevant, means an individual who is under 18. Childrens Court judge means— (a) a District Court judge appointed as a Childrens Court judge; or (b) a District Court judge when constituting a Childrens Court under the Childrens Court Act 1992 , section 5(2)(b). Childrens Court magistrate means— (a) a magistrate appointed as a Childrens Court magistrate; or (b) a magistrate or 2 justices of the peace when constituting a Childrens Court under the Childrens Court Act 1992 , section 5(3)(b) or (c). citation of an Act includes the Act’s short title. coastal waters of the State means— (a) the parts of the territorial sea of Australia that are within the adjacent area in respect of the State, other than any part mentioned in the Coastal Waters (State Powers) Act 1980 (Cwlth), section 4(2); or (b) any sea that is on the landward side of any part of the territorial sea of Australia and within the adjacent area in respect of the State, but is not within the limits of the State. commencement see section 32F. committal proceeding means an examination of witnesses under the Justices Act 1886 about an indictable offence. Commonwealth means the Commonwealth of Australia but, when used in a geographical sense, does not include an external Territory. Commonwealth Constitution means the Constitution of the Commonwealth. Commonwealth Minister means a Minister of the Crown in right of the Commonwealth. Current as at 8 November 2013 revised version
Acts Interpretation Act 1954 Schedule 1 community or group of Aboriginal people includes— (a) the descendants of the community or group; and (b) if there is only 1 surviving member of a community or group of Aboriginal people—that person. community or group of Torres Strait Islanders includes— (a) the descendants of the community or group; and (b) if there is only 1 surviving member of a community or group of Torres Strait Islanders—that person. complaint and summons means a complaint and summons under the Justices Act 1886 . Note See also the Police Powers and Responsibilities Act 2000 , section 388. confer , in relation to a function, includes impose. consolidated fund means the consolidated fund established under the Financial Accountability Act 2009 , section 16. Constitution of Queensland means the following— (a) Constitution of Queensland 2001 ; (b) Constitution Act 1867 ; (c) Constitution Act Amendment Act 1890 ; (d) Constitution Act Amendment Act 1934 . contravene includes fail to comply with. corporation includes a body politic or corporate. Corporations Act means the Corporations Act 2001 (Cwlth). Corporations Law has the meaning given by the Corporations (Queensland) Act 1990 , part 3. Corporations legislation means the Corporations legislation to which the Corporations Act, part 1.1A applies. Corporations Regulations (a) when used in relation to the Corporations Law, has the meaning given by the Corporations (Queensland) Act 1990 , part 3; and Current as at 8 November 2013 revised version Page 77
Acts Interpretation Act 1954 Schedule 1 Page 78 (b) when used in relation to the Corporations Act, means regulations made, or that have effect as if they were made, under the Corporations Act. CSIRO means the Commonwealth Scientific and Industrial Research Organisation. date of assent , in relation to an Act, means the day on which the Act receives the royal assent. de facto partner see section 32DA. de facto relationship means the relationship existing between 2 persons as a couple because each is the de facto partner of the other. definition means a provision of an Act (however expressed) that— (a) gives a meaning to a word or expression; or (b) limits or extends the meaning of a word or expression. Examples of definitions 1 X means Y. 2 A reference to X is a reference to Y. 3 Words and expressions used in the XYZ Act have the same respective meanings in this Act. 4 X see section 3. 5 X see XYZ Act , schedule 3. department see section 33. Deputy Governor means a person exercising a power of the Governor under a delegation under the Constitution of Queensland 2001 , section 40. descendant includes— (a) in relation to Aboriginal people—a descendant under Aboriginal tradition; and (b) in relation to Torres Strait Islanders—a descendant under Island custom. District Court judge means a judge of the District Court of Queensland. Current as at 8 November 2013 revised version
Acts Interpretation Act 1954 Schedule 1 doctor means medical practitioner. document includes— (a) any paper or other material on which there is writing; and (b) any paper or other material on which there are marks, figures, symbols or perforations having a meaning for a person qualified to interpret them; and (c) any disc, tape or other article or any material from which sounds, images, writings or messages are capable of being produced or reproduced (with or without the aid of another article or device). enactment , in relation to an Act, has the meaning given by section 15. entity includes a person and an unincorporated body. establish includes constitute and continue in existence. estate includes easement, charge, right, title, claim, demand, lien and encumbrance, whether at law or in equity. exempt subordinate legislation has the same meaning as in the Legislative Standards Act 1992 . expire includes lapse or otherwise cease to have effect. external Territory means a Territory, other than an internal Territory, for the government of which as a Territory provision is made by a Commonwealth Act. fail includes refuse. Federal Court means the Federal Court of Australia. federal industrial instrument see the Industrial Relations Act 1999 , schedule 5. file includes lodge. financial institution means an authorised deposit-taking institution within the meaning of the Banking Act 1959 (Cwlth), section 5. financial year means a period of 1 year beginning on 1 July. Current as at 8 November 2013 revised version Page 79
Acts Interpretation Act 1954 Schedule 1 finding , in relation to an indictment, includes taking, exhibiting or making. fix includes determine and appoint. foreign country means a country (whether or not an independent sovereign state) outside Australia and the external Territories. freehold land register means the freehold land register established under the Land Title Act 1994 . function includes duty. fundamental legislative principles has the meaning given by the Legislative Standards Act 1992 . gazette means the Queensland Government Gazette. gazetted means published in the gazette. gazette notice means notice published in the gazette. GOC (or government owned corporation ) has the same meaning as in the Government Owned Corporations Act 1993 . Government Gazette means the Queensland Government Gazette. government printer means the Government Printer of Queensland, and includes any other person authorised by the Government to print an Act or instrument. Governor (a) for Queensland—has the meaning given by the Constitution Act 1867 , section 11A(3); or (b) for another State (other than the Australian Capital Territory or the Northern Territory)—means the State’s Governor, and includes a person administering the State’s Government; or (c) for the Northern Territory—means the Territory’s Administrator, and includes a person administering the Territory’s Government. Page 80 Current as at 8 November 2013 revised version
Acts Interpretation Act 1954 Schedule 1 Governor-General means the Governor-General of the Commonwealth, and includes a person for the time being administering the Government of the Commonwealth. Governor in Council means— (a) for Queensland—the Governor acting with the advice of Executive Council; or (b) for another State (other than the Australian Capital Territory)—the State’s Governor acting with the advice of the State’s Executive Council. grant of representation , for a deceased person, means a grant of probate of the will or letters of administration of the deceased person’s estate, and includes the grant of an order to administer and the filing of an election to administer the deceased person’s estate. GST has the same meaning as it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth) and includes notional GST of the kind for which payment may be made under the GST and Related Matters Act 2000 , section 5. Health Practitioner Regulation National Law means— (a) the Health Practitioner Regulation National Law— (i) as in force from time to time, set out in the schedule of the Health Practitioner Regulation National Law Act 2009 ; and (ii) as it applies as a law of Queensland or another State, with or without modification; or (b) the law of a State that substantially corresponds to the law mentioned in paragraph (a). High Court means the High Court of Australia. Imperial Act means a British Act. Imperial Parliament means the British Parliament. indictable offence includes an act or omission committed outside Queensland that would be an indictable offence if it were committed in Queensland. indictment includes information, inquisition and presentment. Current as at 8 November 2013 revised version Page 81
Acts Interpretation Act 1954 Schedule 1 individual means a natural person. industrial commission means the Industrial Relations Commission. industrial commissioner see the Industrial Relations Act 1999 . industrial court see the Industrial Relations Act 1999 . industrial magistrate see the Industrial Relations Act 1999 . Industrial Magistrates Court see the Industrial Relations Act 1999 . industrial relations commission see the Industrial Relations Act 1999 . insert , in relation to a provision of an Act, includes substitute. instrument means any document. interest , in relation to land or other property, means— (a) a legal or equitable estate in the land or other property; or (b) a right, power or privilege over, or in relation to, the land or other property. internal Territory means the Australian Capital Territory, the Jervis Bay Territory or the Northern Territory. Island custom , known in the Torres Strait as Ailan Kastom, means the body of customs, traditions, observances and beliefs of Torres Strait Islanders generally or of a particular community or group of Torres Strait Islanders, and includes any such customs, traditions, observances and beliefs relating to particular persons, areas, objects or relationships. Jervis Bay Territory means the Territory referred to in the Jervis Bay Territory Acceptance Act 1915 (Cwlth). justice means a justice of the peace. land includes messuages, tenements and hereditaments, corporeal or incorporeal, of any tenure or description, and whatever may be the interest in the land. Page 82 Current as at 8 November 2013 revised version
Acts Interpretation Act 1954 Schedule 1 Land and Resources Tribunal means the Land and Resources Tribunal established under the Land and Resources Tribunal Act 1999 . Land Appeal Court means the Land Appeal Court established under the Land Court Act 2000 . Land Court means the Land Court established under the Land Court Act 2000 . land registry means the land registry established under the Land Title Act 1994 . law of a State includes— (a) a law of the State; and (b) a law in force in the State as part of the law of the State. lawyer means an Australian lawyer within the meaning of the Legal Profession Act 2007 . lease includes demise, tenancy and sublease, whether for a term, for a period or at will. lessee includes tenant. lessor includes landlord. liability means any liability or obligation (whether liquidated or unliquidated, certain or contingent, or accrued or accruing). Lieutenant Governor means the person for the time being appointed as Lieutenant Governor. local government means— (a) the Brisbane City Council; or (b) a local government under the Local Government Act 2009 . local government area means a local government area under the Local Government Act 2009 . local law means a local law made by a local government, and includes a by-law or ordinance made by a local government. magistrate means a magistrate appointed under the Magistrates Act 1991 . Current as at 8 November 2013 revised version Page 83
Acts Interpretation Act 1954 Schedule 1 Magistrates Court means a Magistrates Court established under the Justices Act 1886 . make includes issue and grant. medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession , other than as a student. midnight , in relation to a particular day, means the point of time at which the day ends. Minister has the meaning given by section 33. minor means an individual who is under 18. modification includes addition, exception, omission and substitution. month means a calendar month. mortgage includes a charge on a property for securing money or money’s worth. mortgagee in possession means a mortgagee who in right of a mortgage has entered into and is in possession of the mortgaged property. named month means 1 of the 12 months of the year. National Gas (Queensland) Law means the provisions applying because of the National Gas Law (Queensland) Act 2008 , section 7, and includes the National Gas (Queensland) Regulations . National Gas (Queensland) Regulations means the provisions applying because of the National Gas Law (Queensland) Act 2008 , section 8. native title means the communal, group or individual rights and interests of Aboriginal people or Torres Strait Islanders in land or waters if— (a) the rights and interests are possessed under the traditional laws acknowledged, and the traditional customs observed, by the Aboriginal people or Torres Strait Islanders; and Page 84 Current as at 8 November 2013 revised version
Acts Interpretation Act 1954 Schedule 1 (b) the Aboriginal people or Torres Strait Islanders, by the laws and customs, have a connection with the land or waters; and (c) the rights and interests are recognised by the common law of Australia. Examples of rights and interests hunting, gathering and fishing rights and interests Northern Territory means the Northern Territory of Australia. notice to appear , in relation to a proceeding for an offence, see the Police Powers and Responsibilities Act 2000 , section 382(2). notified , for subordinate legislation, means notified under the Statutory Instruments Act 1992 , section 47. number means— (a) a number expressed in figures or words; or (b) a letter; or (c) a combination of a number so expressed and a letter. oath , in relation to a person allowed by law to affirm, declare or promise, includes affirmation, declaration and promise. office includes position. officer , in relation to the public service, see public service officer . official copy , in relation to Queensland legislation, means a copy of the legislation— (a) printed by or under the authority of the government printer; or (b) authorised by the parliamentary counsel and published on the Queensland legislation website. of this Act , when used in a schedule or appendix of an Act, means the Act apart from a schedule or appendix of the Act. ombudsman means the ombudsman under the Ombudsman Act 2001 . Current as at 8 November 2013 revised version Page 85
Acts Interpretation Act 1954 Schedule 1 omit , in relation to a provision of an Act, includes repeal. order in council has the meaning given by the Statutory Instruments Act 1992 . Parliament means— (a) for Queensland—the Sovereign and the Legislative Assembly; or (b) for another State—the State’s legislature. parliamentary counsel means the Queensland Parliamentary Counsel under the Legislative Standards Act 1992 . party includes an individual and a corporation. passing , in relation to an Act, has the meaning given by section 15. payable , in relation to GST, includes capable of being paid under the GST and Related Matters Act 2000 , section 5. penalty includes forfeiture and punishment. penalty unit has the meaning given under the Penalties and Sentences Act 1992 , section 5. person includes an individual and a corporation. personal representative of a deceased individual means the executor (whether original or by representation) or administrator of the individual’s estate. police officer means a police officer within the meaning of the Police Service Administration Act 1990 . possession of land includes the receipt of income from the land. power includes authority. prescribed means prescribed by, or by a statutory rule made or in force under, the Act in which the word is used. printed includes typewritten, lithographed or produced or reproduced by any mechanical or electronic means. proceeding means a legal or other action or proceeding. Page 86 Current as at 8 November 2013 revised version
Acts Interpretation Act 1954 Schedule 1 proceedings in the Legislative Assembly means proceedings in the Assembly within the meaning of the Parliament of Queensland Act 2001 . proclamation has the meaning given by the Statutory Instruments Act 1992 . property means any legal or equitable estate or interest (whether present or future, vested or contingent, or tangible or intangible) in real or personal property of any description (including money), and includes things in action. provision , in relation to an Act, means words or other matter that form or forms part of the Act, and includes— (a) a chapter, part, division, subdivision, section, subsection, paragraph, subparagraph, sub-subparagraph, of the Act apart from a schedule or appendix of the Act; and (b) a schedule or appendix of the Act or a section, subsection, paragraph, subparagraph, sub-subparagraph, item, column, table or form of or in a schedule or appendix of the Act; and (c) the long title and any preamble to the Act. public holiday means a day appointed under the Holidays Act 1983 or another Act as a public holiday. public sector unit means— (a) a department or part of a department; or (b) a public service office or part of a public service office. public service means the Queensland public service under the Public Service Act 2008 , section 5. public service employee see the Public Service Act 2008 , section 9(1). public service office see the Public Service Act 2008 , section 21(1). public service officer see the Public Service Act 2008 , section 8. Current as at 8 November 2013 revised version Page 87
Acts Interpretation Act 1954 Schedule 1 Page 88 published , in relation to the QIRC website, means published as provided under the Industrial Relations Act 1999 , section 304B. purpose , for an Act, includes policy objective. QCAT means the Queensland Civil and Administrative Tribunal established under the QCAT Act. QCAT Act means the Queensland Civil and Administrative Tribunal Act 2009 . QIRC website see the Industrial Relations Act 1999 , section 304A. Queensland lawyer means a barrister or solicitor of the Supreme Court. Queensland legislation means— (a) an Act, including an agreement or other instrument in or attached to the Act; or (b) subordinate legislation, including an agreement or other instrument in or attached to the subordinate legislation; or (c) an agreement or other instrument not mentioned in paragraph (a) or (b) that has the same force of law as an Act or subordinate legislation; or (d) a reprint. Queensland legislation website means the website with the URL <www.legislation.qld.gov.au> or another website authorised by the parliamentary counsel to provide access to Queensland legislation. Queensland waters means all waters that are— (a) within the limits of the State; or (b) coastal waters of the State. record includes information stored or recorded by means of a computer. registered partner means a person who is a party to a registered relationship. Current as at 8 November 2013 revised version
Acts Interpretation Act 1954 Schedule 1 registered relationship means a registered relationship registered under the Relationships Act 2011 . repeal includes— (a) for a provision of an Act or instrument—repeal the provision by omitting it; and (b) for an Act, instrument or provision of an Act or instrument—abrogate or limit its effect or exclude from its application any person, matter or circumstance; and (c) for an instrument or a provision of an instrument—revoke or rescind it. reprint means— (a) a reprint authorised under the Legislative Standards Act 1992 , section 10A; or (b) a pre-1992 reprint within the meaning of the Reprints Act 1992 . rules of court has the meaning given by the Statutory Instruments Act 1992 . see , followed by a reference to, or to a provision of, any Act, law or document, when used to define a word, entity, thing or matter, means the word, entity, thing or matter has the same meaning as it has in the provision, Act, law or document. senior executive , in relation to the public service, means a public service officer employed under the Public Service Act 2008 as a senior executive. serve has the meaning given by section 39. serve by post has the meaning given by section 39A. sign includes the attaching of a seal and the making of a mark. sitting day , in relation to the Legislative Assembly, means a day on which the Legislative Assembly actually sits. Speaker means the Speaker of the Legislative Assembly. spouse includes de facto partner and registered partner. Current as at 8 November 2013 revised version Page 89
Acts Interpretation Act 1954 Schedule 1 Standards Association of Australia , for anything done or to be done on or after 1 July 1999, includes a reference to Standards Australia Limited ACN 087 326 690. Standards Australia means Standards Australia Limited ACN 087 326 690, and includes a reference to the Standards Association of Australia as constituted before 1 July 1999. State means a State of the Commonwealth, and includes the Australian Capital Territory and the Northern Territory. statutory declaration means— (a) a declaration made under the Oaths Act 1867 ; or (b) a declaration made under another Act, or under a Commonwealth Act or an Act of another State or a Territory, that authorises a declaration to be made otherwise than in the course of a judicial proceeding. statutory instrument has the meaning given by the Statutory Instruments Act 1992 . statutory rule has the meaning given by the Statutory Instruments Act 1992 . subordinate legislation has the meaning given by the Statutory Instruments Act 1992 . subordinate local law means a subordinate local law made by a local government. summary , for an offence or proceeding, has the meaning given by section 44. supply , in relation to GST, has the same meaning as it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth). Supreme Court judge or judge means a judge of the Supreme Court. swear , in relation to a person allowed by law to affirm, declare or promise, includes affirm, declare and promise. table in the Legislative Assembly means lay before the Assembly. Page 90 Current as at 8 November 2013 revised version
Acts Interpretation Act 1954 Schedule 1 territorial sea of Australia means the territorial sea of Australia within the limits mentioned in the Coastal Waters (State Powers) Act 1980 (Cwlth), section 4(1). Territory means a Territory of the Commonwealth. the State means the State of Queensland. Torres Strait Islander is a person who is a descendant of an Indigenous inhabitant of the Torres Strait Islands. transfer of an interest in land means the passing of the interest other than by transmission. transmission of an interest in land means the passing of the interest because of death or under a law about bankruptcy, insolvency or the liquidation of corporations. under , for an Act or a provision of an Act, includes— (a) by; and (b) for the purposes of; and (c) in accordance with; and (d) within the meaning of. United Kingdom means the United Kingdom of Great Britain and Northern Ireland. valuer-general means the Valuer-General appointed under the Land Valuation Act 2010 . will includes codicil. word includes any drawing, expression, figure and symbol. writing includes any mode of representing or reproducing words in a visible form. year , without specifying the type of year, means calendar year. Current as at 8 November 2013 revised version Page 91
Acts Interpretation Act 1954 Endnotes Endnotes 1 Index to endnotes Page 2 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .92 3 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .92 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .94 5 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .103 2 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised version = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2012 = subordinate legislation = substituted = unnumbered 3 Table of reprints A new reprint of the legislation is prepared by the Office of the Queensland Parliamentary Counsel each time a change to the legislation takes effect. The notes column for this reprint gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. Section 5(c) and (d) of the Act are not mentioned as they contain mandatory Page 92 Current as at 8 November 2013 revised version
Acts Interpretation Act 1954 Endnotes requirements that all amendments be included and all necessary consequential amendments be incorporated, whether of punctuation, numbering or another kind. Further details of the use of any discretionary editorial power noted in the table can be obtained by contacting the Office of the Queensland Parliamentary Counsel by telephone on 3003 9061 or email legislation.queries@oqpc.qld.gov.au. From 29 January 2013, all Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints is not continued with the relevant details for historical reprints included in this table. Reprint No. 1 2 3 4 5 6 7 8 8A 8B 9 9A 9B 10 10A 10B 11 11A 11B 11C 12 12A 12B 12C Amendments to 1992 Act No. 27 1992 Act No. 68 1993 Act No. 32 1993 Act No. 76 1994 Act No. 15 1994 Act No. 87 1995 Act No. 37 1995 Act No. 58 1996 Act No. 76 1997 Act No. 1 1997 Act No. 1 1997 Act No. 35 1997 Act No. 82 1998 Act No. 28 1999 Act No. 33 1999 Act No. 33 2000 Act No. 20 2000 Act No. 46 2000 Act No. 63 2001 Act No. 7 2001 Act No. 45 2001 Act No. 81 2001 Act No. 81 2001 Act No. 81 Effective 1 July 1992 7 December 1992 3 June 1993 14 December 1993 10 May 1994 1 December 1994 16 June 1995 28 November 1995 12 December 1996 27 March 1997 27 March 1997 1 October 1997 5 December 1997 5 December 1997 1 July 1999 1 January 2000 23 June 2000 25 October 2000 17 November 2000 21 April 2001 15 July 2001 3 December 2001 1 March 2002 6 June 2002 Reprint date 1 July 1992 9 December 1992 24 June 1993 23 December 1993 25 May 1994 15 December 1994 7 July 1995 12 December 1995 11 February 1997 11 April 1997 20 June 1997 14 November 1997 9 December 1997 26 June 1998 9 July 1999 18 February 2000 7 July 2000 3 November 2000 1 December 2000 18 May 2001 5 October 2001 14 December 2001 8 March 2002 7 June 2002 Reprint No. 12D 12E 12F 13 13A 13B 13C 13D Amendments included 2002 Act No. 34 2002 Act No. 74 2002 Act No. 39 2004 Act No. 11 2004 Act No. 37 2005 Act No. 70 2006 Act No. 29 Effective 16 August 2002 1 April 2003 1 July 2003 1 July 2003 1 July 2004 1 January 2005 8 December 2005 28 August 2006 Notes R12F withdrawn, see R13 R13D withdrawn, see R14 Current as at 8 November 2013 revised version Page 93
Acts Interpretation Act 1954 Endnotes Reprint No. 14 14A 14B 14C 14D 14E 14F Amendments included 2007 Act No. 36 2007 Act No. 39 2007 Act No. 37 2007 Act No. 59 2008 Act No. 27 2008 Act No. 38 2007 Act No. 10 Effective 28 August 2006 29 August 2007 21 September 2007 28 September 2007 15 March 2008 1 July 2008 1 October 2008 15 15A 2009 Act No. 9 15B 2009 Act No. 38 15C 2009 Act No. 24 15D 2009 Act No. 49 15E 2010 Act No. 13 15F 2009 Act No. 17 2010 Act No. 14 15G 2010 Act No. 39 15H 2010 Act No. 42 1 October 2008 1 July 2009 26 October 2009 1 December 2009 10 December 2009 1 April 2010 1 July 2010 20 September 2010 14 October 2010 16 16A 2011 Act No. 24 16B 2011 Act No. 46 16C 2012 Act No. 12 14 October 2010 18 August 2011 23 February 2012 27 June 2012 Current as at 23 September 2013 8 November 2013 rv Amendments included 2013 Act No. 39 2013 Act No. 35 Notes R14F withdrawn, see R15 R15H withdrawn, see R16 Notes RA s 35 4 List of legislation Acts Interpretation Act 1954 3 Eliz 2 No. 3 date of assent 27 April 1954 commenced on date of assent Note— s 58 was relocated from the Statutory Instruments Act 1992 to the Acts Interpretation Act 1954 into pt 12A and renumbered as s 48 (2013 No. 39 s 105) amending legislation— Acts Interpretation Act Amendment Act 1957 6 Eliz 2 No. 18 date of assent 11 November 1957 commenced 12 August 1957 (see s 1(4)) Acts Interpretation Acts Amendment Act 1960 9 Eliz 2 No. 14 date of assent 31 October 1960 Page 94 Current as at 8 November 2013 revised version
Acts Interpretation Act 1954 Endnotes commenced on date of assent Acts Interpretation Acts Amendment Act 1962 No. 2 date of assent 17 September 1962 commenced on date of assent British Subject (Interpretation) Act 1970 No. 10 s 3 date of assent 13 April 1970 commenced 20 February 1973 (proc pubd gaz 17 February 1973 p 682) Acts Interpretation Act Amendment Act 1971 No. 43 date of assent 1 November 1971 commenced on date of assent Acts Interpretation Act Amendment Act 1977 No. 37 date of assent 23 September 1977 commenced 1 January 1978 (proc pubd gaz 17 December 1977 p 1598) Evidence Act 1977 No. 47 s 3(6) sch 1 pt F date of assent 3 October 1977 commenced 1 January 1978 (see s 1(2)) Penalty Units Act 1985 No. 73 s 13 date of assent 23 October 1985 commenced 1 May 1986 (proc pubd gaz 12 April 1986 p 1571) Corrective Services (Consequential Amendments) Act 1988 No. 88 s 3 sch 1 date of assent 1 December 1988 commenced 15 December 1988 (see s 2(2) and order pubd gaz 10 December 1988 p 1675) Acts Interpretation Act and Another Act Amendment Act 1989 No. 28 pt 1 date of assent 28 April 1989 commenced on date of assent Corporations (Consequential Amendments) Act 1990 No. 99 s 3.1 sch date of assent 12 December 1990 commenced 1 January 1991 (proc pubd gaz 22 December 1990 p 2270) Acts Interpretation Amendment Act 1991 No. 30 date of assent 12 June 1991 commenced 1 July 1991 (proc pubd gaz 22 June 1991 p 975) Supreme Court of Queensland Act 1991 No. 68 ss 1–2, 111 sch 2 date of assent 24 October 1991 ss 1–2 commenced on date of assent remaining provisions commenced 14 December 1991 (1991 SL No. 173) Stipendiary Magistrates Act 1991 No. 75 ss 1–2, 26 sch 3 date of assent 21 November 1991 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 1992 (1991 SL No. 211) Current as at 8 November 2013 revised version Page 95
Acts Interpretation Act 1954 Endnotes Statute Law (Miscellaneous Provisions) Act 1991 No. 97 ss 1–3 sch 1 date of assent 17 December 1991 s 3 sch 1 amdts 21 and 22 commenced 1 January 1992 remaining provisions commenced on date of assent Judicial Review Act 1991 No. 100 ss 1–2, 61 date of assent 17 December 1991 ss 1–2 commenced on date of assent remaining provision commenced 1 June 1992 (1992 SL No. 110) Queensland Office of Financial Supervision Act 1992 No. 12 ss 1–2, 66 sch date of assent 6 May 1992 ss 1–2 commenced on date of assent remaining provisions commenced 29 May 1992 (1992 SL No. 109) Nature Conservation Act 1992 No. 20 ss 1–2, 159 sch 2 date of assent 22 May 1992 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 1992 (1992 SL No. 159) Statutory Instruments Act 1992 No. 22 ss 1, 48 sch 3 date of assent 1 June 1992 commenced on date of assent Legislative Standards Act 1992 No. 26 s 1, pt 5 date of assent 1 June 1992 commenced on date of assent Reprints Act 1992 No. 27 s 1, pt 9 date of assent 1 June 1992 commenced on date of assent Penalties and Sentences Act 1992 No. 48 ss 1–2, 207 sch date of assent 24 November 1992 ss 1–2 commenced on date of assent remaining provisions commenced 27 November 1992 (1992 SL No. 377) Nursing Act 1992 No. 55 ss 1–2, 163 sch 2 date of assent 30 November 1992 commenced on date of assent (see s 2)</