Acts Interpretation Act 1931 (Tas)

Acts Interpretation Act 1931 An Act to provide certain rules for the interpretation of Acts of Parliament; to define certain terms commonly used therein; and to facilitate the shortening of their phraseology [Royal Assent 18 January 1932] Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: 1. Short title This Act may be cited as the Acts Interpretation Act 1931 . 2. Repeal The Interpretation Act 1906 , the Interpretation Act 1916 , and the Northern and Southern Divisions Act 1903 , are hereby repealed. 2A. Meaning of "regulation" In this Act, unless the contrary intention appears, regulation includes rule and by-law. 3. Acts to be construed subject to legislative powers of State Every Act shall be read and construed subject to the limits of the legislative powers of the State and so as not to exceed such powers, to the intent that, where any enactment thereof, but for this provision, would be construed as being in excess of such powers, it shall nevertheless be a valid enactment to the extent to which it is not in excess of such powers. 4. Application of Act (1) Except where otherwise expressly provided, the provisions of this Act shall be applied in the interpretation and construction of every Act whenever passed (including this Act) and of all regulations made under any Act, except in so far as – (a) any provision of this Act is inconsistent with or repugnant to the true intent and object of the particular Act or regulation to be interpreted; or, in case of a regulation, with the true intent and object of the Act under which such regulation purports to have been made; (b) the interpretation which any provision of this Act would give to anything contained in such particular Act or regulation is inconsistent with the context thereof or with any definition or interpretation contained in such particular Act or regulation or in the Act under which such regulation is made. (1A) For the purposes of applying this Act in the interpretation and construction of regulations made under an Act – (a) a reference in this Act to the passing of an Act, or to the time of the passing of an Act, shall be construed as a reference to the making of the regulations or the time when the regulations are made, as the case may be; (b) a reference in this Act to the Minister of the Crown for the time being administering an Act or enactment shall be construed as a reference to the Minister of the Crown administering the Act or enactment under which the regulations are made; and (c) a reference in this Act to a section or other division of an Act or to a subsection or other division of a section shall be construed as a reference to – (i) in the case of regulations, a regulation or other division of the regulations or, as the case may be, a subregulation or other division of such a regulation; (ii) in the case of rules, a rule or other division of the rules or, as the case may be, a subrule or other division of such a rule; or (iii) in the case of by-laws, a clause or other division of the by-laws or, as the case may be, a subclause or other division of such a clause. (2) Where in this Act reference is made to an Act passed after any specified date, such reference shall include every such Act, whether passed before or after the commencement of this Act. (3) This Act shall be binding on the Crown. (4) . . . . . . . . 5. Meaning of word "Act" (1) The word Act used in relation to a legislative enactment, shall include all Acts and ordinances which have been duly made and passed by the Parliament of Tasmania or by any council or authority empowered to make and pass laws in Tasmania, and to which assent has been duly given by or on behalf of the Sovereign. (2) In any Act, including this Act, a reference to an Act (including a reference to the Act in which the reference occurs) or to an Imperial Act or a Commonwealth Act includes a reference to any regulation made under that Act, Imperial Act, or Commonwealth Act. 6. General provisions as to legislative enactments (1) Every section of an Act shall have effect as a substantive enactment without introductory words. (2) The headings of the parts, divisions, and subdivisions, into which any Act is divided shall be deemed to be part of the Act. (3) Every schedule and appendix to an Act (including any heading of such a schedule or appendix or of any part, division or subdivision into which such a schedule or appendix is divided) shall be deemed to be part thereof. (4) Except as provided in subsections (2) and (3) – (a) a heading to a provision of an Act; or (b) a marginal note, footnote or endnote in an Act (other than a footnote appended to a prescribed form) – shall not be taken to be part of the Act. (5) An Act may be altered, amended, or repealed in the same session of Parliament as that in which it was passed. (6) No Act shall be binding on the Crown or derogate from any prerogative right of the Crown unless express words are included therein for that purpose. (7) Every Act passed after 5th August 1853 shall be a public Act and shall be judicially noticed as such unless the contrary is expressly provided by that Act. 7. Meaning of "prescribed" In any Act, the expression prescribed – (a) means prescribed by, or by regulations made under, the Act in which the word appears; and (b) where reference is made to anything prescribed by an Act other than the Act in which the word appears, includes anything prescribed by any regulation made under that other Act. 7A. Construction of references to provisions of Acts, &c. (1) Where in an Act reference is made to a Part, division, section, Schedule, or form without anything in the context to indicate that a reference to a Part, division, section, Schedule, or form of some other Act is intended, the reference shall be construed as a reference to a Part, division, section, Schedule, or form of the Act in which the reference is made. (2) Where in a section of an Act reference is made to a subsection, paragraph, subparagraph, or other division without anything in the context to indicate that a reference to a subsection, paragraph, subparagraph, or other division of some other section or provision is intended, the reference shall be construed as a reference to a subsection, paragraph, subparagraph, or other division of the section in which the reference is made. (2A) For the purposes of the application of subsections (1) and (2) to regulations, "section" and "subsection" shall be read as "regulation" and "subregulation", respectively. (3) Where in a Schedule or part of a Schedule to an Act reference is made to a clause, subclause, paragraph, subparagraph, or other division without anything in the context to indicate that a reference to a clause, subclause, paragraph, subparagraph, or other division of some other provision is intended, the reference shall be construed as a reference to the clause, subclause, paragraph, subparagraph, or other division of the Schedule or the part of the Schedule in which the reference is made. 8. Acts amending other Acts to be incorporated therewith (1) Every Act passed for the purpose and with the object of amending a previous Act shall be read and construed with, and subject to the provisions of, the amended Act, as modified by the amending Act, and shall be deemed to be incorporated therewith, and with every Act amending the same, unless the contrary is expressly provided therein. (2) Where any Act is amended as aforesaid, the expression the Principal Act in any such amending Act, unless the contrary is expressly provided, shall mean the Act so amended, and shall be deemed to apply to the earliest of the series of Acts upon the same subject, even though the amendment consists only of some alteration in, or modification of, a previous amending Act. 8A. Regard to be had to purpose or object of Act (1) In the interpretation of a provision of an Act, an interpretation that promotes the purpose or object of the Act is to be preferred to an interpretation that does not promote the purpose or object. (2) Subsection (1) applies whether or not the purpose or object is expressly stated in the Act. 8B. 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 – (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 given to – (a) the desirability of a provision being interpreted as having its ordinary meaning; and (b) the undesirability of prolonging legal or other proceedings without compensating advantage; and (c) other relevant matters. (3) In this section – extrinsic material in relation to a provision of an Act, means material not forming part of the Act, including – (a) material that is set out in the document containing the text of the Act as printed by the Government Printer; and (b) a relevant report of a Royal Commission, Law Reform Commission or Commissioner, board or committee of inquiry, or a similar body, that was laid before either House of Parliament before the provision concerned was enacted; and (c) a relevant report of a committee of Parliament or of either House of Parliament that was made to Parliament or that House of Parliament before the provision was enacted; and (d) a treaty or other international agreement that is mentioned in the Act; and (e) any explanatory note, clause note or memorandum relating to the Bill that contained the provision, or any other relevant document, that was laid before, or given or otherwise made available to the members of, either House of Parliament by the member bringing in the Bill before the provision was enacted; and (f) the speech made to a House of Parliament by a member of the House in moving a motion that the Bill be read a second time; and (g) relevant material in the Votes and Proceedings of either House of Parliament or in any official record of debates in Parliament or either House of Parliament; 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 or object of the Act. 9. Commencement (1) . . . . . . . . (2) Every Act to which the Royal Assent has been given by the Governor for or on behalf of the Sovereign before the commencement of section 8 of the Acts Interpretation Amendment Act 1981 shall, unless the contrary intention appears in the first-mentioned Act, be deemed to have come into operation on the day on which that Act received the Royal Assent. (3) Every Act to which the Royal Assent is given by the Governor for and on behalf of the Sovereign on or after the date of commencement of section 8 of the Acts Interpretation Amendment Act 1981 shall, unless the contrary intention appears in the first-mentioned Act, come into operation on the fourteenth day after the day on which that Act receives the Royal Assent. (3A) Despite subsection (3) , if a provision of an Act provides that the Act or a portion of the Act commences on a day, or a day or days, to be proclaimed, that provision and the provision providing for the short title of the Act come into operation on the day on which the Act receives the Royal Assent unless the Act expressly provides otherwise. (4) Every Act reserved for the signification of the Sovereign's pleasure after the commencement of section 8 of the Acts Interpretation Amendment Act 1981 shall, unless the contrary intention appears in that Act, come into operation on the day after the day on which a proclamation of the Governor signifying the Sovereign's assent is published or notified in the Gazette. (5) Where an Act, or a regulation or other instrument or document made, issued, or granted under an Act, is expressed to commence, come into operation, or take effect on a particular day, it shall commence, come into operation, or take effect immediately on the expiration of the last preceding day. 10. Evidence of commencement The date appearing on the copy of an Act produced under section 6(10) of the Legislation Publication Act 1996 and purporting to be the date on which the Governor assented thereto, or made known the Sovereign's assent thereto, shall be evidence that such date was the date on which the Governor so assented or made known such assent, and shall be judicially noticed. 10A. Meaning of "must", "is to" and "may" (1) In any Act – (a) the word "must" is to be construed as being mandatory; and (b) the words "is to" and "are to" are to be construed as being directory; and (c) the word "may" is to be construed as being discretionary or enabling, as the context requires. (2) Subsection (1) applies only in respect of a provision of an Act if that provision is passed after the commencement of the Justice Legislation (Miscellaneous Amendments) Act 2000 . 11. Anticipatory exercise of powers (1) Where a provision of an Act does not commence on the passing of the Act and that provision would, if it had commenced, confer power to – (a) make an instrument of a legislative or administrative character; (b) give or serve a notice or other document; (c) appoint a person to a specified office; (d) establish a specified body of persons, whether incorporated or not; or (e) do any other thing for the purposes of the Act – then, unless the contrary intention appears, the power may, notwithstanding that that provision has not commenced, but subject to subsections (3) and (4) , be exercised at any time after the passing of the Act to the extent that it is necessary or expedient for the purpose of bringing the Act, or specified provisions of the Act, into operation, or giving full effect to the Act, or specified provisions of the Act, when or after that provision commences. (2) Where – (a) a provision of an Act does not commence on the passing of the Act and the provision would, if it had commenced, amend another Act; and (b) a provision of that other Act would, if the first-mentioned provision had commenced, confer power to – (i) make an instrument of a legislative or administrative character; (ii) give or serve a notice or other document; (iii) appoint a person to a specified office; (iv) establish a specified body of persons, whether incorporated or not; or (v) do any other thing for the purposes of that other Act – then, unless the contrary intention appears, the power may, notwithstanding that the first-mentioned provision has not commenced, but subject to subsections (3) and (4) , be exercised at any time after the passing of the Act in which the first-mentioned provision is contained to the extent that it is necessary or expedient for the purpose of giving full effect to that other Act, or specified provisions of that other Act, when or after the first-mentioned provision commences. (3) Where a power to make an instrument of a legislative or administrative character, or to give or serve a notice or other document, is exercised as provided in subsection (1) or in subsection (2) , that instrument, notice, or document shall take effect – (a) on the day on which the provision referred to in subsection (1) or, as the case may be, the provision first-mentioned in subsection (2) commences; or (b) on the day on which it would have taken effect, if at the time when the instrument was made or the notice or document was served, the provision so mentioned or first-mentioned had commenced – whichever is the later. (4) Where a power to appoint a person to a specified office, or to establish a specified body of persons, is exercised as provided in subsection (1) or subsection (2) , the person so appointed may act in that office, or, as the case may be, the body so established may meet and perform and exercise its functions, duties, and powers, but only for a purpose referred to in subsection (1) or subsection (2) (whichever of those subsections is applicable). 12. Reference to Acts (1) An Act passed by the Parliament of Tasmania may, in any Act, instrument, or document, be referred to by the word "Act" alone. (2) An Act passed by the Parliament of the United Kingdom or the Parliament of England, as the case may be, may, in any Act, instrument, or document, be referred to by the term "Imperial Act". (3) An Act passed by the Parliament of the Commonwealth may, in any Act, instrument, or document, be referred to by the term "Commonwealth Act" or "Act of the Commonwealth". 13. Citation of Acts (1) In any Act, instrument, or document – (a) an Act may be cited – (i) by its short title or by reference to the regnal year or calendar year in which it is passed; and (ii) by its number; (b) any Imperial Act may be cited by its short title, if any, or by reference to the regnal year in which it was passed and its chapter, together with a reference to the United Kingdom; and (c) any Commonwealth Act may be cited by its short title, if any, or by reference to the calendar year in which it was passed and its number, together with a reference to the Commonwealth; and (d) any Act or Ordinance of another State or Territory may be cited – (i) by its short title, if any; or (ii) in such other manner as is sufficient in an Act or Ordinance of that State or Territory – together with a reference to that State or Territory. (2) Any enactment may be cited by reference to the Part, section, subsection, or other division of the Act, Imperial Act, Commonwealth Act or Act or Ordinance of the State or Territory in which it is contained. (3) Any reference referred to in subsections (1) and (2) is to be made – (a) in the case of an Act of this State on the database, within the meaning of the Legislation Publication Act 1996 , according to a copy of the Act produced or purporting to be produced under section 6(10) of the Legislation Publication Act 1996 ; and (b) in the case of any other Act of this State, according to a copy of the Act printed or purporting to be printed by the Government Printer; and (c) in the case of any other Act or Ordinance, according to a copy of the Act or Ordinance printed by the official printer for the Government of the United Kingdom, the Commonwealth or the State or Territory. (4) A description or citation in any Act of a portion of another Act shall be construed as including the words, sections, or other parts mentioned or referred to as forming the beginning and the end respectively of the portion comprised in the description or citation. (5) In any Act any reference to or citation of an Act shall be deemed to include a reference to or citation of all subsequent enactments passed in amendment or substitution of the Act so referred to or cited, whether those subsequent enactments are, or any of them is, passed before or after the passing of the Act in which the reference or citation occurs. (6) In any Act, a reference to or citation of an Imperial Act, a Commonwealth Act or an Act or Ordinance of another State or Territory shall be deemed to include a reference to or citation of all subsequent enactments passed in amendment or substitution of the Imperial Act, Commonwealth Act or Act or Ordinance of the State or Territory so referred to or cited, whether those subsequent enactments are, or any of them is, passed before or after the passing of the Act in which the reference occurs. 14. Repeal of repealing Act not to revive prior enactments (1) Where an Act, passed after 5th August 1853, repeals an enactment by which any former enactment was repealed, it shall not have the effect of reviving such former enactment unless express words for that purpose are included in such repealing Act. (2) Where an enactment is expressed to expire, or to cease to operate, on a specified day, or to remain in force until a specified day, the operation thereof shall continue until the last moment of the day so specified. 15. Continuance of provisions pending operation of those substituted and continuance of existing regulations (1) Where an Act repeals, wholly or in part, a former Act and substitutes provisions in lieu thereof, the repealed provisions shall remain in force until the substituted provisions come into operation. (2) Where the repealing Act contains power to make any regulations, all regulations made under the repealed Act, so far as the same are not inconsistent with the repealing Act, shall remain in force until rescinded under the repealing Act, and shall be deemed to have been made for the purposes of the repealing Act and may be altered, amended, or rescinded under that Act. (3) Where regulations made under a repealed Act have remained in force after the repeal of such Act, any general regulations made under any Act which has been substituted for the repealed Act shall supersede and have the effect of rescinding those made under the repealed Act, unless the contrary is expressly provided. 16. Effect of repeal, expiry, &c. (1) Where an Act repeals any other enactment then, unless the contrary is expressly provided, such repeal shall not – (a) revive anything not in force or existing at the time such repeal took, or shall take, effect; (b) affect the previous operation of any enactment so repealed or anything duly done or suffered under any enactment so repealed; (c) affect any right, privilege, obligation, or liability acquired, accrued, or incurred under any enactment so repealed; (d) affect any penalty, forfeiture, or punishment incurred in respect of any offence committed against any enactment so repealed; or (e) affect any investigation, legal proceeding, or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture, or punishment as aforesaid – and any such investigation, legal proceeding, or remedy may be instituted, continued, or enforced, and any such penalty, forfeiture, or punishment may be imposed as if the repealing Act had not been passed. (2) Where an enactment expires or has expired, then, unless the contrary is expressly provided, the expiry shall not – (a) revive anything not in force or existing at the time the expiry took, or takes, effect; (b) affect the previous operation of any enactment so expired or anything duly done or suffered under any enactment so expired; (c) affect any right, privilege, obligation, or liability acquired, accrued, or incurred under any enactment so expired; (d) affect any penalty, forfeiture, or punishment incurred in respect of any offence committed against any enactment so expired; or (e) affect any investigation, legal proceeding, or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture, or punishment – and any such investigation, legal proceeding, or remedy may be instituted, continued, or enforced, and any such penalty, forfeiture, or punishment may be imposed as if the enactment had not expired. (3) Subsections (1) and (2) apply to and in relation to any regulations that – (a) are rescinded or expire; or (b) cease to have effect owing to the repeal or expiry of the enactment under which the regulations are made – in the same way as those subsections apply to and in relation to enactments that are or have been repealed or, as the case may be, that expire or have expired. (4) Where an Act, or a regulation or other instrument or document made, issued, or granted under an Act, is expressed to expire or cease to have effect on a particular day, it shall expire or cease to have effect at the end of that day. 17. References to repealed provisions Where an Act repeals and re-enacts, with or without modification, any provisions of a former Act, references in any other Act to the provisions so repealed shall be construed as references to the provisions so re-enacted. 18. Effect of repeal by consolidating Acts Where an Act repeals and consolidates, with or without amendment, enactments relating to any subject and enacts provisions substantially corresponding to those so repealed, for – (a) the constitution or setting up of – (i) any districts, areas, or local divisions; (ii) councils, corporations, boards, trusts, or other executive bodies; or (iii) any office; (b) the appointment of officers or the appointment or election of members of any body constituted as aforesaid; or (c) the making or issuing of proclamations, orders, warrants, certificates, or other documents of authority – everything done under such repealed provisions, and existing or in force at the time of such repeal, shall continue in force, so far as is not inconsistent with the repealing Act, and all such districts, areas, divisions, bodies, offices, officers, and documents in existence, in office, or in force shall be deemed to have been constituted, elected, appointed, made, or issued respectively under and for the purposes of the repealing Act. 18A. Continuing Act to operate from expiration of continued Act When a Bill for continuing a temporary enactment has been introduced into Parliament, and, at the date of the expiration of the temporary enactment, has not been passed, that Bill, upon receiving the Governor's assent for and on behalf of the Sovereign (or, if reserved for the signification of the Sovereign's pleasure, upon the Sovereign's assents thereto being proclaimed by the Governor) shall, unless the contrary intention appears therein, be deemed to have taken effect in continuing the temporary enactment on and from the date of the expiration thereof; but no person is liable, or shall be subjected, to any punishment, penalty, or forfeiture for or in respect of anything done or omitted to be done by him, contrary to any provision of the temporary enactment, between the date of its expiration and the date of that assent. 19. Construction of statutory instruments Where an Act confers power to make, grant, or issue any regulation or other instrument, all expressions used in any such instrument shall have the same respective meanings as in the Act conferring the power. 20. Exercise of powers and performance of duties Where an Act confers a power or imposes a duty, the power may be exercised and the duty shall be performed – (a) from time to time as occasion may require; and (b) if conferred or imposed on the holder of any office, position or appointment as such, by the holder for the time being of such office, position or appointment. 21. Power to appoint includes power to remove, &c. (1) Where an Act confers a power to make any appointment to an office or a position, the power includes a power – (a) to suspend or remove a person appointed under that power; (b) to reinstate or reappoint any person so suspended or removed; (c) to appoint some other person, temporarily, in the place of the person so suspended or removed; or (d) to appoint some other person, temporarily, to the office or position – (i) where a person previously appointed is, for any reason, unable to carry out the duties of the office or position; or (ii) where the office or position is vacant. (1A) . . . . . . . . (1B) Where the power to appoint a person to an office or position is exercisable only on the recommendation, or with the approval or consent, of some other person, the powers conferred by subsection (1) are exercisable only on such a recommendation or, as the case may be, with such an approval or consent. (2) Any person appointed under a power referred to in subsection (1) , by writing under his hand, addressed to the person who appointed him, may resign the office or position to which he was so appointed, and on acceptance of such resignation by the appointing person the office or position shall be vacated. (3) Where, under a power conferred by an Act, a person is appointed to an office or place for a fixed term, then, unless the contrary is expressly provided in that Act – (a) he may be reappointed to that office or place at the expiration of that term if he is still qualified as prescribed by that Act; or (b) if he is not so reappointed and no other person is appointed in his stead, the first-mentioned person may, until – (i) the date on which some other person is appointed in his stead; or (ii) a date not later than 6 months after the expiration of that term – whichever is the earlier date, continue to exercise and perform all the powers, authorities, functions, and duties conferred or imposed upon, or appertaining to, the holder of that office or place as validly and effectually for all purposes as if he had been duly reappointed thereto. 21A. Performance of duties, &c., in absence (1) Where – (a) by any enactment, instrument, contract or agreement, any duty, obligation, right or power is imposed or conferred on the holder of an office, position or appointment – (i) arising from the appointment or employment of a person under the State Service Act 2000 ; or (ii) being the office or position of a member, officer or employee of a State authority within the meaning of that Act; or (iii) being a statutory office or any other office or position in the service of the Crown; and (b) for any reason – (i) the holder of that office, position or appointment is unable to perform or exercise the duty, obligation, right or power; or (ii) that office, position or appointment is vacant – that duty, obligation, right or power may be performed or exercised by any eligible person so directed in writing by the appointing authority in the same manner and to the same extent in all respects as if that eligible person were the holder of that office, position or appointment. (2) In this section – appointing authority, in relation to an office, position or appointment, means – (a) in the case of an office, position or appointment to which appointments are required by or under an enactment to be made by the Governor – the Minister administering that enactment; and (b) in any other case –