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
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the legislation which
amended it.
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to this legislation. For
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Queensland Legislation Current
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www.legislation.qld.gov.au/Leg_Info/
information.htm. •
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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