Acts Interpretation Amendment Act 2011 (Cth)

Acts Interpretation Amendment Act 2011 No. 46, 2011 An Act to amend the Acts Interpretation Act 1901, and for other purposes Contents 1 Short title 2 Commencement 3 Schedule(s) Schedule 1—Main amendments Acts Interpretation Act 1901 Legislative Instruments Act 2003 Schedule 2—Consequential amendments Aboriginal and Torres Strait Islander Act 2005 Aboriginal Land Rights (Northern Territory) Act 1976 Administrative Appeals Tribunal Act 1975 Admiralty Act 1988 Aged Care Act 1997 Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994 Agricultural and Veterinary Chemicals Act 1994 Agricultural and Veterinary Chemicals (Administration) Act 1992 Agricultural and Veterinary Chemicals Code Act 1994 Air Navigation Act 1920 Airports Act 1996 Airports (Transitional) Act 1996 Air Services Act 1995 A New Tax System (Medicare Levy Surcharge—Fringe Benefits) Act 1999 Antarctic Treaty (Environment Protection) Act 1980 Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 Anti‑Personnel Mines Convention Act 1998 Archives Act 1983 Auditor‑General Act 1997 AusCheck Act 2007 Australia Council Act 1975 Australian Astronomical Observatory Act 2010 Australian Broadcasting Corporation Act 1983 Australian Bureau of Statistics Act 1975 Australian Capital Territory Government Service (Consequential Provisions) Act 1994 Australian Capital Territory (Planning and Land Management) Act 1988 Australian Centre for International Agricultural Research Act 1982 Australian Centre for Renewable Energy Act 2010 Australian Communications and Media Authority Act 2005 Australian Crime Commission Act 2002 Australian Curriculum, Assessment and Reporting Authority Act 2008 Australian Federal Police Act 1979 Australian Film, Television and Radio School Act 1973 Australian Hearing Services Act 1991 Australian Human Rights Commission Act 1986 Australian Information Commissioner Act 2010 Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989 Australian Institute of Health and Welfare Act 1987 Australian Institute of Marine Science Act 1972 Australian Law Reform Commission Act 1996 Australian Maritime Safety Authority Act 1990 Australian National Maritime Museum Act 1990 Australian National University Act 1991 Australian Nuclear Science and Technology Organisation Act 1987 Australian Organ and Tissue Donation and Transplantation Authority Act 2008 Australian Passports Act 2005 Australian Postal Corporation Act 1989 Australian Prudential Regulation Authority Act 1998 Australian Radiation Protection and Nuclear Safety Act 1998 Australian Research Council Act 2001 Australian Security Intelligence Organisation Act 1979 Australian Sports Anti‑Doping Authority Act 2006 Australian Sports Commission Act 1989 Australian Trade Commission Act 1985 Australian War Memorial Act 1980 Banking Act 1959 Bankruptcy Act 1966 Bills of Exchange Act 1909 Broadcasting Services Act 1992 Building and Construction Industry Improvement Act 2005 Cancer Australia Act 2006 Chemical Weapons (Prohibition) Act 1994 Child Support (Assessment) Act 1989 Child Support (Registration and Collection) Act 1988 Civil Aviation Act 1988 Civil Aviation (Carriers' Liability) Act 1959 Classification (Publications, Films and Computer Games) Act 1995 COAG Reform Fund Act 2008 Coal Mining Industry (Long Service Leave Funding) Act 1992 Commonwealth Authorities and Companies Act 1997 Commonwealth Electoral Act 1918 Commonwealth Serum Laboratories Act 1961 Competition and Consumer Act 2010 Coordinator‑General for Remote Indigenous Services Act 2009 Copyright Act 1968 Corporations (Aboriginal and Torres Strait Islander) Act 2006 Crimes Act 1914 Crimes at Sea Act 2000 Criminal Code Act 1995 Criminology Research Act 1971 Cross‑Border Insolvency Act 2008 Customs Act 1901 Customs Administration Act 1985 Customs Tariff Act 1995 Defence Act 1903 Defence Force Discipline Act 1982 Defence Force Retirement and Death Benefits Act 1973 Defence Home Ownership Assistance Scheme Act 2008 Defence Housing Australia Act 1987 Dental Benefits Act 2008 Designs Act 2003 Development Allowance Authority Act 1992 Director of Public Prosecutions Act 1983 Disability Discrimination Act 1992 Do Not Call Register Act 2006 Education Services for Overseas Students Act 2000 Environment Protection and Biodiversity Conservation Act 1999 Environment Protection (Sea Dumping) Act 1981 Evidence Act 1995 Excise Tariff Act 1921 Export Control Act 1982 Export Finance and Insurance Corporation Act 1991 Export Market Development Grants Act 1997 Fair Work (Registered Organisations) Act 2009 Family Law Act 1975 Federal Court of Australia Act 1976 Federal Financial Relations Act 2009 Federal Magistrates Act 1999 Financial Management and Accountability Act 1997 Fisheries Administration Act 1991 Fisheries Management Act 1991 Food Standards Australia New Zealand Act 1991 Foreign Proceedings (Excess of Jurisdiction) Act 1984 Freedom of Information Act 1982 Fringe Benefits Tax (Application to the Commonwealth) Act 1986 Fringe Benefits Tax Assessment Act 1986 Future Fund Act 2006 Gene Technology Act 2000 Governance of Australian Government Superannuation Schemes Act 2011 Governor‑General Act 1974 Great Barrier Reef Marine Park Act 1975 Health and Other Services (Compensation) Act 1995 Health Insurance Act 1973 Health Workforce Australia Act 2009 Hearing Services Administration Act 1997 Historic Shipwrecks Act 1976 Income Tax Assessment Act 1936 Income Tax Assessment Act 1997 Independent Contractors Act 2006 Independent National Security Legislation Monitor Act 2010 Industrial Chemicals (Notification and Assessment) Act 1989 Industry Research and Development Act 1986 Infrastructure Australia Act 2008 Inspector‑General of Intelligence and Security Act 1986 Inspector‑General of Taxation Act 2003 Inspector of Transport Security Act 2006 Insurance Act 1973 Intelligence Services Act 2001 Interactive Gambling Act 2001 International Air Services Commission Act 1992 Interstate Road Transport Charge Act 1985 Judges' Pensions Act 1968 Judiciary Act 1903 Law Enforcement Integrity Commissioner Act 2006 Law Officers Act 1964 Life Insurance Act 1995 Liquid Fuel Emergency Act 1984 Maritime Transport and Offshore Facilities Security Act 2003 Medical Indemnity Act 2002 Migration Act 1958 Military Rehabilitation and Compensation Act 2004 Motor Vehicle Standards Act 1989 National Blood Authority Act 2003 National Consumer Credit Protection Act 2009 National Film and Sound Archive Act 2008 National Gallery Act 1975 National Greenhouse and Energy Reporting Act 2007 National Health Act 1953 National Health and Medical Research Council Act 1992 National Health Security Act 2007 National Library Act 1960 National Measurement Act 1960 National Museum of Australia Act 1980 National Transport Commission Act 2003 National Vocational Education and Training Regulator Act 2011 National Water Commission Act 2004 Nation‑building Funds Act 2008 Native Title Act 1993 Navigation Act 1912 Northern Territory Acceptance Act 1910 Nuclear Non‑Proliferation (Safeguards) Act 1987 Offshore Minerals Act 1994 Offshore Petroleum and Greenhouse Gas Storage Act 2006 Olympic Insignia Protection Act 1987 Ombudsman Act 1976 Paid Parental Leave Act 2010 Parliamentary Contributory Superannuation Act 1948 Parliamentary Counsel Act 1970 Patents Act 1990 Payment Systems and Netting Act 1998 Petroleum Resource Rent Tax Assessment Act 1987 Port Statistics Act 1977 Primary Industries and Energy Research and Development Act 1989 Primary Industries (Excise) Levies Act 1999 Privacy Act 1988 Private Health Insurance Act 2007 Productivity Commission Act 1998 Protection of Movable Cultural Heritage Act 1986 Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008 Protection of the Sea (Harmful Anti‑fouling Systems) Act 2006 Protection of the Sea (Powers of Intervention) Act 1981 Public Lending Right Act 1985 Public Service Act 1999 Qantas Sale Act 1992 Quarantine Act 1908 Racial Discrimination Act 1975 Radiocommunications Act 1992 Referendum (Machinery Provisions) Act 1984 Registration of Deaths Abroad Act 1984 Remuneration Tribunal Act 1973 Renewable Energy (Electricity) Act 2000 Reserve Bank Act 1959 Retirement Savings Accounts Act 1997 Rural Adjustment Act 1992 Safety, Rehabilitation and Compensation Act 1988 Safe Work Australia Act 2008 Science and Industry Research Act 1949 Screen Australia Act 2008 Seafarers Rehabilitation and Compensation Act 1992 Sex Discrimination Act 1984 Shipping Registration Act 1981 Skills Australia Act 2008 Small Superannuation Accounts Act 1995 Snowy Hydro Corporatisation Act 1997 Social Security Act 1991 Social Security (Administration) Act 1999 Spam Act 2003 Special Broadcasting Service Act 1991 Special Prosecutors Act 1982 Student Assistance Act 1973 Submarine Cables and Pipelines Protection Act 1963 Superannuation Act 1976 Superannuation Act 1990 Superannuation Act 2005 Superannuation (Government Co‑contribution for Low Income Earners) Act 2003 Superannuation Guarantee (Administration) Act 1992 Superannuation Industry (Supervision) Act 1993 Superannuation (Resolution of Complaints) Act 1993 Surveillance Devices Act 2004 Sydney Harbour Federation Trust Act 2001 Tax Agent Services Act 2009 Taxation Administration Act 1953 Tax Laws Amendment (2009 Measures No. 6) Act 2010 Telecommunications Act 1997 Telecommunications (Consumer Protection and Service Standards) Act 1999 Telecommunications (Interception and Access) Act 1979 Telecommunications (Numbering Charges) Act 1997 Terrorism Insurance Act 2003 Textile, Clothing and Footwear Investment and Innovation Programs Act 1999 Therapeutic Goods Act 1989 Tourism Australia Act 2004 Trade Marks Act 1995 Transport Safety Investigation Act 2003 Veterans' Entitlements Act 1986 War Graves Act 1980 Water Act 2007 Wheat Export Marketing Act 2008 Wine Australia Corporation Act 1980 Schedule 3—Application, saving and transitional provisions Acts Interpretation Amendment Act 2011 No. 46, 2011 An Act to amend the Acts Interpretation Act 1901, and for other purposes [Assented to 27 June 2011] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Acts Interpretation Amendment Act 2011. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 27 June 2011 2. Schedule 1 A single day to be fixed by Proclamation. 27 December 2011 However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 3. Schedule 2, items 1 to 652 At the same time as the provision(s) covered by table item 2. 27 December 2011 4. Schedule 2, items 653 and 654 The later of: 27 December 2011 (a) immediately after the commencement of the provision(s) covered by table item 2; and (paragraph (a) applies) (b) immediately after the commencement of section 36 of the Governance of Australian Government Superannuation Schemes Act 2011. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. 5. Schedule 2, items 655 to 835 At the same time as the provision(s) covered by table item 2. 27 December 2011 6. Schedule 2, item 836 The later of: 27 December 2011 (a) immediately after the commencement of the provision(s) covered by table item 2; and (paragraph (a) applies) (b) immediately after the commencement of section 3 of the National Vocational Education and Training Regulator Act 2011. 7. Schedule 2, items 837 to 1074 At the same time as the provision(s) covered by table item 2. 27 December 2011 8. Schedule 2, items 1075 to 1083 At the same time as the provision(s) covered by table item 2. Do not commence However, if item 183 of Schedule 1 to the Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011 commences at or before that time, the provision(s) do not commence at all. 9. Schedule 2, item 1084 The later of: 27 December 2011 (a) immediately after the commencement of the provision(s) covered by table item 2; and (paragraph (a) applies) (b) immediately after the commencement of item 222 of Schedule 1 to the Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. 10. Schedule 2, items 1085 and 1086 At the same time as the provision(s) covered by table item 2. Do not commence However, if item 234 of Schedule 1 to the Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011 commences at or before that time, the provision(s) do not commence at all. 11. Schedule 2, items 1087 to 1198 At the same time as the provision(s) covered by table item 2. 27 December 2011 12. Schedule 3 At the same time as the provision(s) covered by table item 2. 27 December 2011 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Main amendments Acts Interpretation Act 1901 1 Part I (heading) Repeal the heading, substitute: Part 1—Preliminary 2 After section 1 Insert: 1A Simplified outline The following is a simplified outline of this Act: Overview This Act is like a dictionary and manual to use when reading and interpreting Commonwealth Acts and instruments made under Commonwealth Acts. The definitions and many of the interpretation rules are aimed at making Commonwealth legislation shorter, less complex and more consistent in operation. A provision of this Act is subject to a contrary intention in other Commonwealth legislation. Structure Part 1 provides that this Act applies to all Acts. This Act also applies to legislative instruments and other instruments made under an Act (see subsection 13(1) of the Legislative Instruments Act 2003 and subsection 46(1) of this Act). Part 2 contains definitions that apply across all Commonwealth legislation (for example, Australian citizen, business day, document and month). Part 3 deals with the commencement of Commonwealth Acts. For example, section 4 allows certain powers to be exercised (like the making of appointments) between the enactment and commencement of an Act. Part 4 deals with the amendment, repeal and expiry of Commonwealth legislation. For example, section 7 provides that the repeal of an Act does not affect any rights accrued under the Act, or any legal proceedings instituted, before the repeal. Part 5 contains various rules for interpreting Commonwealth legislation, including: (a) section 15A (about interpreting an Act subject to the Constitution); and (b) section 15AA (which provides for interpreting an Act in a way that best achieves the purpose or object of the Act); and (c) section 15AB (about using material that is not part of an Act (like explanatory memorandums and second reading speeches) in interpreting an Act); and (d) sections 19 to 19C (which deal with references to Ministers, Departments and Secretaries of Departments and with administrative changes in the operation of the Commonwealth Government). Part 6 deals with the service of documents on persons. Part 7 contains rules about exercising powers and performing functions and duties under Commonwealth legislation, including: (a) subsection 33(3) (which provides that a power to make an instrument includes the power to vary or revoke the instrument); and (b) section 33A (about acting appointments); and (c) sections 34AA, 34AB and 34A (about delegating powers, functions and duties). Part 8 deals with the calculation of distance, time and age. Part 9 deals with the citation of Acts. Part 10 deals with non‑legislative instruments. For example, it provides that this Act applies to those instruments and that expressions in those instruments have the same meaning as in the enabling legislation. Part 11 contains a regulation‑making power. 3 Section 2 Repeal the section, substitute: 2 Application of Act (1) This Act applies to all Acts (including this Act). Note: This Act also applies to legislative instruments and other instruments made under an Act: see subsection 13(1) of the Legislative Instruments Act 2003 and subsection 46(1) of this Act. (2) However, the application of this Act or a provision of this Act to an Act or a provision of an Act is subject to a contrary intention. 2A Binding the Crown This Act binds the Crown in each of its capacities. 4 After Part I Insert: Part 2—Definitions 2B Definitions In any Act: acting SES employee has the same meaning as in the Public Service Act 1999. affidavit includes affirmation, declaration and promise. appoint: see section 33AA. APS employee has the same meaning as in the Public Service Act 1999. Australia means the Commonwealth of Australia and, when used in a geographical sense, includes the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands, but does not include any other external Territory. Note: See also section 15B. Australian citizen has the same meaning as in the Australian Citizenship Act 2007. Australian Standard: see section 2L. business day means a day that is not a Saturday, a Sunday or a public holiday in the place concerned. calendar month means one of the 12 months of the year. calendar year means a period of 12 months starting on 1 January. commencement, in relation to an Act or a provision of an Act, means the time at which the Act or provision comes into operation. Note: See also section 3. Commonwealth means the Commonwealth of Australia and, when used in a geographical sense, includes the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands, but does not include any other external Territory. Note: See also section 15B. Consolidated Revenue Fund means the Consolidated Revenue Fund referred to in section 81 of the Constitution. Constitution means the Constitution of the Commonwealth. contiguous zone has the same meaning as in the Seas and Submerged Lands Act 1973. continental shelf has the same meaning as in the Seas and Submerged Lands Act 1973. contravene includes fail to comply with. court exercising federal jurisdiction means any court when exercising federal jurisdiction, and includes a federal court. court of summary jurisdiction means any justice of the peace, or magistrate of a State or Territory, sitting as a court of summary jurisdiction. de facto partner: see section 2D. document means any record of information, and includes: (a) anything on which there is writing; and (b) anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; and (c) anything from which sounds, images or writings can be reproduced with or without the aid of anything else; and (d) a map, plan, drawing or photograph. estate includes any estate, interest, charge, right, title, claim demand, lien or encumbrance at law or in equity. exclusive economic zone has the same meaning as in the Seas and Submerged Lands Act 1973. Executive Council means the Federal Executive Council. external Territory means a Territory, other than an internal Territory, where an Act makes provision for the government of the Territory as a Territory. Note: See also section 15B. federal court means the High Court or any court created by the Parliament. financial year means a period of 12 months starting on 1 July. foreign country means any country (whether or not an independent sovereign state) outside Australia and the external Territories. Gazette means the Commonwealth of Australia Gazette. Government Printer includes any person printing for the Government of the Commonwealth. Note: See also section 17A. Governor of a State: see section 16B. Governor‑General: see section 16A. High Court means the High Court of Australia. individual means a natural person. insolvent under administration has the same meaning as in the Corporations Act 2001. internal Territory means the Australian Capital Territory, the Northern Territory or the Jervis Bay Territory. Jervis Bay Territory means the Territory referred to in the Jervis Bay Territory Acceptance Act 1915. justice of the peace includes a justice of the peace for a State or part of a State or for a Territory. land includes messuages, tenements and hereditaments, corporeal and incorporeal, of any tenure or description, whatever may be the estate or interest in them. law of the Commonwealth: see section 2H. Magistrate: see subsections 16C(2) and (3). Minister or Minister of State means one of the Ministers of State for the Commonwealth. Note: See also section 19. modifications, in relation to a law, includes additions, omissions and substitutions. month: see section 2G. Northern Territory means the Northern Territory of Australia. oath includes affirmation, declaration and promise. Parliament means the Parliament of the Commonwealth. penalty unit, including in relation to a civil penalty provision, has the meaning given by section 4AA of the Crimes Act 1914. person: see section 2C. prescribed means prescribed by the Act or by regulations under the Act. Proclamation means Proclamation by the Governor‑General that is published in the Gazette or entered in the Federal Register of Legislative Instruments established under the Legislative Instruments Act 2003. record includes information stored or recorded by means of a computer. regulations means regulations under the Act. rules of court: see section 2K. seat of Government means the seat of Government of the Commonwealth. SES employee has the same meaning as in the Public Service Act 1999. Sovereign: see section 16. Standards Australia means Standards Australia Limited (ACN 087 326 690). State means a State of the Commonwealth. statutory declaration means a declaration made because of any Act authorising a declaration to be made otherwise than in the course of a judicial proceeding. Stipendiary Magistrate: see subsection 16C(1). swear includes affirm, declare and promise. territorial sea has the same meaning as in the Seas and Submerged Lands Act 1973. Territory, Territory of the Commonwealth, Territory under the authority of the Commonwealth or Territory of Australia means a Territory referred to in section 122 of the Constitution. United Kingdom means the United Kingdom of Great Britain and Northern Ireland. writing includes any mode of representing or reproducing words, figures, drawings or symbols in a visible form. 2C References to persons (1) In any Act, expressions used to denote persons generally (such as "person", "party", "someone", "anyone", "no‑one", "one", "another" and "whoever"), include a body politic or corporate as well as an individual. (2) Express references in an Act to companies, corporations or bodies corporate do not imply that expressions in that Act, of the kind mentioned in subsection (1), do not include companies, corporations or bodies corporate. 2D References to de facto partners For the purposes of a provision of an Act that is a provision in which de facto partner has the meaning given by this Act, a person is the de facto partner of another person (whether of the same sex or a different sex) if: (a) the person is in a registered relationship with the other person under section 2E; or (b) the person is in a de facto relationship with the other person under section 2F. 2E Registered relationships For the purposes of paragraph 2D(a), a person is in a registered relationship with another person if the relationship between the persons is registered under a prescribed law of a State or Territory as a prescribed kind of relationship. 2F De facto relationships (1) For the purposes of paragraph 2D(b), a person is in a de facto relationship with another person if the persons: (a) are not legally married to each other; and (b) are not related by family (see subsection (6)); and (c) have a relationship as a couple living together on a genuine domestic basis. (2) In determining for the purposes of paragraph (1)(c) whether 2 persons have a relationship as a couple, all the circumstances of their relationship are to be taken into account, including any or all of the following circumstances: (a) the duration of the relationship; (b) the nature and extent of their common residence; (c) whether a sexual relationship exists; (d) the degree of financial dependence or interdependence, and any arrangements for financial support, between them; (e) the ownership, use and acquisition of their property; (f) the degree of mutual commitment to a shared life; (g) the care and support of children; (h) the reputation and public aspects of the relationship. (3) No particular finding in relation to any circumstance mentioned in subsection (2) is necessary in determining whether 2 persons have a relationship as a couple for the purposes of paragraph (1)(c). (4) For the purposes of paragraph (1)(c), the persons are taken to be living together on a genuine domestic basis if the persons are not living together on a genuine domestic basis only because of: (a) a temporary absence from each other; or (b) illness or infirmity of either or both of them. (5) For the purposes of subsection (1), a de facto relationship can exist even if one of the persons is legally married to someone else or is in a registered relationship (within the meaning of section 2E) with someone else or is in another de facto relationship. (6) For the purposes of paragraph (1)(b), 2 persons are related by family if: (a) one is the child (including an adopted child) of the other; or (b) one is another descendant of the other (even if the relationship between them is traced through an adoptive parent); or (c) they have a parent in common (who may be an adoptive parent of either or both of them). For this purpose, disregard whether an adoption is declared void or has ceased to have effect. (7) For the purposes of subsection (6), adopted means adopted under the law of any place (whether in or out of Australia) relating to the adoption of children. 2G Months (1) In any Act, month means a period: (a) starting at the start of any day of one of the calendar months; and (b) ending: (i) immediately before the start of the corresponding day of the next calendar month; or (ii) if there is no such day—at the end of the next calendar month. Example 1: A month starting on 15 December in a year ends immediately before 15 January in the next year. Example 2: A month starting on 31 August in a year ends at the end of September in that year (because September is the calendar month coming after August and does not have 31 days). (2) In any Act, a reference to a period of 2 or more months is a reference to a period: (a) starting at the start of a day of one of the calendar months (the starting month); and (b) ending: (i) immediately before the start of the corresponding day of the calendar month that is that number of calendar months after the starting month; or (ii) if there is no such day—at the end of the calendar month that is that number of calendar months after the starting month. Example 1: A reference to 6 months starting on 15 December in a year is a reference to a period starting on that day and ending immediately before 15 June in the next year. Example 2: A reference to 6 months sta