Interpretation Act 1984 (WA)

Western Australia Interpretation Act 1984 Western Australia Interpretation Act 1984 Contents Part I — Preliminary 1. Short title 2 2. Commencement 2 3. Application 2 4. Act binds Crown 2 Part II — General interpretation provisions 5. Terms used in written laws 3 6. Definitions in a written law, application of 12 7. Written laws to be construed subject to State's legislative power 12 8. Written laws always speaking 13 9. Parts of speech and grammatical forms 13 10. Gender and number 13 11. Sovereign, references to 13 12. Minister, references to 14 13. British subject etc., references to 14 13A. De facto relationship and de facto partner, references to 15 13B. Standards Association of Australia, references to 16 13CA. Local government districts, references to 16 13C. When death of a person occurs 17 13D. Bankrupt and related expressions, references to 17 14. References to 2 or more provisions to be inclusive 18 15. Internal references in written laws, construction of 18 15A. Reference to paragraph 19 16. Reference to written law is to written law as amended 19 17. Disjunctive construction of "or" 19 18. Purpose or object of written law, use of in interpretation 19 19. Extrinsic material, use of in interpretation 20 Part III — Commencement and citation 20. Commencement of Acts 22 21. Time of commencement of written laws 22 22. Act commencing on proclamation, commencement of certain provisions of 22 23. Proclamation of commencement of Act, construction of power to make 23 25. Some powers in Act may be exercised before it commences 23 26. Citation of written laws 25 27. References to commencement of written law if different provisions commence on different days 26 Part IV — Provisions as to enactment and operation of written law 28. Acts deemed public Acts 27 29. Sections to be substantive enactments 27 30. Act may be amended in same session 27 31. Preambles, schedules etc. to form part of written law 27 32. Headings, marginal notes and footnotes 27 Part V — Repeal of written law 33. Repeal of written law includes repeal of amendments 29 34. Repeal of repealing enactment, effect of 29 35. Repeal and substitution of provision, effect of 29 36. Repealing and re‑enacting a provision, effect of 29 37. General savings on repeal 30 38. Repeal of Act, effect of on subsidiary legislation 31 39. Expiry of enactment, effect of 31 Part VI — Subsidiary legislation 40. Governor to make subsidiary legislation 32 41. Publication and commencement of subsidiary legislation 32 42. Laying regulations, rules, local laws and by‑laws before Parliament, and disallowance 32 43. Power to make subsidiary legislation, general provisions about 34 44. Words and expressions in subsidiary legislation, meaning of 37 45. Fees and charges 37 45A. Fees for licences, effect of power to prescribe 38 46. Reference to written law includes reference to subsidiary legislation made under it 39 47. Acts done under subsidiary legislation deemed done under Act 39 Part VII — Statutory powers and duties 48. Time for exercise of power or performance of duty 40 48A. Judicial acts and service of process may be done on any day 40 49. Public officer's powers and duties may be exercised by acting officer etc. 40 50. Statutory powers, construction of 40 51. Power to issue licences and other authorisations is discretionary 41 52. Power to appoint includes power to remove, suspend, appoint acting officer etc. 42 53. Appointments may be by name or office 43 54. Statutory bodies, majority and quorum provisions 43 55. Errors when exercising certain powers or duties may be corrected 44 56. "May" imports a discretion, "shall" is imperative 44 57. Statutory bodies, powers of not affected by vacancies etc. 45 58. Delegates, performance of functions by 45 59. Power to delegate, effect of 45 60. Governor to act with advice of Executive Council 46 Part VIII — Provisions regarding time and distance 61. Time, computation of 47 62. Months, reckoning of 48 63. Time for doing acts if no time fixed 48 64. Power to extend time, construction of 49 65. Distance, measurement of 49 Part IX — Procedures and penalties 66. Rules of court 50 67. Offences and proceedings for offences 50 69. Bodies corporate, application of penal laws to 51 71. Continuing offences 51 72. Statutory penalties, construction of 52 Part X — Miscellaneous provisions 73. State deemed established 1 June 1829 54 74. Prescribed forms, certain deviations do not invalidate 54 75. Service of documents by post 54 76. Service of documents generally 55 76A. Written laws made before Australia Acts, validity of 55 77. Repeal and saving 56 Notes Compilation table 57 Other notes 60 Defined terms Western Australia Interpretation Act 1984 An Act to amend and consolidate the law relating to the construction, application, interpretation, and operation of written law; to provide for the exercise of statutory powers and duties; and to provide for connected or incidental purposes. Part I — Preliminary 1. Short title This Act may be cited as the Interpretation Act 1984. 2. Commencement This Act shall come into operation on 1 July 1984. 3. Application (1) The provisions of this Act apply to every written law, whether the law was enacted, passed, made, or issued before or after the commencement of this Act, unless in relation to a particular written law — (a) express provision is made to the contrary; or (b) in the case of an Act, the intent and object of the Act or something in the subject or context of the Act is inconsistent with such application; or (c) in the case of subsidiary legislation, the intent and object of the Act under which that subsidiary legislation is made is inconsistent with such application. (2) The provisions of this Act apply to this Act as they apply to an Act passed after this Act commences. (3) A reference in section 17, 25, 43(6), 50 or 64 to an Act, written law, enactment, or subsidiary legislation passed or made after the commencement of this Act shall be construed so as not to include any enactment which continues or directly amends, but does not repeal entirely, the text of an existing written law 1. [Section 3 amended: No. 34 of 2020 s. 93.] 4. Act binds Crown This Act binds the Crown. Part II — General interpretation provisions 5. Terms used in written laws In this Act and every other written law — act used with reference to an offence or civil wrong includes an omission and extends to a series of acts or omissions or a series of acts and omissions; Act means any Act or Ordinance passed by the Parliament of Western Australia, or by any Council previously having authority or power to pass laws in Western Australia, such Act or Ordinance having been assented to by or on behalf of Her Majesty; affidavit means an affidavit made in accordance with the Oaths, Affidavits and Statutory Declarations Act 2005 or made before the commencement of that Act in accordance with law; alternative offence, when used in relation to an offence, has the meaning given by section 10B of The Criminal Code; amend means replace, substitute, in whole or in part, add to or vary, and the doing of any 2 or more of such things simultaneously or by the same written law; ASIC Law and ASIC Regulations have the meaning provided for by Part 11 of the Corporations (Western Australia) Act 1990; Auditor General means the person holding the office of Auditor General for Western Australia continued by section 6 of the Auditor General Act 2006; Australia means the Commonwealth of Australia; Australia Acts means — (a) the Australia Act 1986 of the Commonwealth; and (b) the Australia Act 1986 of the United Kingdom; bank holiday, in relation to an area, means a day that is appointed or declared a bank holiday for that area by or under the Public and Bank Holidays Act 1972; bankrupt and bankrupt or a person whose affairs are under insolvency laws have the meanings given in section 13D; book — (a) when used in relation to the recording of accounting or financial information, includes any method or system of recording such information that has been approved by the Treasurer; and (b) when used in relation to the recording of information other than accounting or financial information, includes any method or system of recording such information that has been approved by the Minister to whom the administration of the relevant enactment has been committed by the Governor; British possession means any part of Her Majesty's dominions outside the United Kingdom; and where parts of such dominions are under both a central and local legislature, all parts under the central legislature are deemed, for the purposes of this definition, to be one British possession; by‑law means a by‑law made under the Act in which the term is used; chief executive officer has the meaning given by the Public Sector Management Act 1994 and — (a) when used in relation to — (i) an agency within the meaning of that Act; or (ii) an office or employee in, or anything else connected with, an agency within the meaning of that Act, means the chief executive officer of the agency; and (b) when used in an enactment otherwise than in the circumstances referred to in paragraph (a), means the chief executive officer of the agency principally assisting the Minister administering the enactment in its administration; Children's Court means the Children's Court of Western Australia established by the Children's Court of Western Australia Act 1988; commencement, in relation to an enactment, means the time when the enactment came or comes into operation; Commissioner of State Revenue means the Commissioner of State Revenue appointed under the Public Sector Management Act 1994 for the purposes of the Taxation Administration Act 2003; Commonwealth means the Commonwealth of Australia; Commonwealth Act or Act of the Commonwealth means an Act passed by the Parliament of the Commonwealth; Consolidated Account means the Consolidated Account referred to in section 64 of the Constitution Act 1889; contravene, in relation to any requirement or condition prescribed in a written law or in any grant, permit, lease, licence, or other authority under a written law, includes a failure to comply with that requirement or condition; Corporations Law and Corporations Regulations have the meaning provided for by Part 3 of the Corporations (Western Australia) Act 1990; Court of Appeal means the Court of Appeal established under the Supreme Court Act 1935; court of summary jurisdiction means the Children's Court or the Magistrates Court; death, of a person, has a meaning affected by section 13C; de facto partner and de facto relationship have the meanings given in section 13A; definition means the interpretation given by any written law to a word or expression; District Court means The District Court of Western Australia established by the District Court of Western Australia Act 1969; District Court judge means a judge, acting judge or auxiliary judge of the District Court; document includes any publication and any matter written, expressed, or described upon any substance by means of letters, figures, or marks, or by more than one of those means, which is intended to be used or may be used for the purpose of recording that matter; enactment means a written law or any portion of a written law; estate, in relation to land, includes any legal or equitable estate or interest, easement, right, title, claim, demand, charge, lien, or encumbrance in, over, to, or in respect of the land; Family Court or Family Court of Western Australia means the Family Court of Western Australia continued by the Family Court Act 1997; financial year means the period of 12 months ending on 30 June; function includes powers, duties, responsibilities, authorities, and jurisdictions; Gazette or Government Gazette means the government gazette of Western Australia (or a supplement to that gazette) — (a) published, or purporting to be published, under the authority of the Government — (i) in hard copy form; or (ii) in electronic form (whether or not originally published in hard copy form); and (b) whether published, or purporting to be published, before or after the commencement of the Legislation Act 2021 section 48(2); Government means the Government of the State; Government Printer means a person authorised by or on behalf of the Government to publish, in hard copy or electronic form, any written law or any other instrument of the Government; Governor means the Governor of the State and includes the officer for the time being administering the Government of the State; Her Majesty, His Majesty, Queen, King, or Crown means the Sovereign of the United Kingdom, Australia and Her other Realms and Territories, and Head of the Commonwealth and includes the predecessors and the heirs and successors of the Sovereign; Imperial Act means an Act passed by the Parliament of the United Kingdom; indictable offence has the meaning given by section 67; individual means a natural person; judge means a judge, acting judge or auxiliary judge of the Supreme Court; justice of the peace or justice or JP means a justice of the peace appointed under the Justices of the Peace Act 2004; land includes buildings and other structures, land covered with water, and any estate, interest, easement, servitude or right in or over land; lawyer means an Australian lawyer as defined in the Legal Profession Uniform Law (WA) section 6(1); legal practitioner means an Australian legal practitioner as defined in the Legal Profession Uniform Law (WA) section 6(1); local government means a local government established under the Local Government Act 1995; local government district has the meaning given by section 13CA; local law means a local law made by a local government under the Act in which the term is used; magistrate means a magistrate of the Magistrates Court; Magistrates Court means the Magistrates Court of Western Australia established by the Magistrates Court Act 2004; Minister has the meaning given in section 12; Minister for Public Sector Management means the Minister of the Crown to whom the administration of the Public Sector Management Act 1994 is for the time being committed by the Governor; month has the meaning given in section 62; oath means an oath or affirmation taken or made in accordance with the Oaths, Affidavits and Statutory Declarations Act 2005 or taken or made before the commencement of that Act in accordance with law; parent includes the following — (a) a person who is a parent within the meaning of the Artificial Conception Act 1985; (b) a person who is an adoptive parent under the Adoption Act 1994; (c) a person who is a parent in a relationship of parent and child that arises because of a parentage order under the Surrogacy Act 2008; Parliament means the Parliament of the State; penalty means a fine, imprisonment, or other form of punishment, including the suspension or cancellation of a licence, registration or permit and disqualification from obtaining a licence, registration or permit; perform, in relation to functions, includes the exercise of a power, responsibility, authority or jurisdiction; person or any word or expression descriptive of a person includes a public body, company, or association or body of persons, corporate or unincorporate; police officer means a person appointed under Part I of the Police Act 1892 to be a member of the Police Force of Western Australia; power includes any privilege, authority, or discretion; prescribed means — (a) prescribed by or under the written law in which the word occurs; and (b) in a case where reference is made to anything prescribed by a written law other than the law in which the word occurs, includes anything prescribed by subsidiary legislation made under that other written law; proclamation means a proclamation made by the Governor and published in the Gazette or on the WA legislation website; public half‑holiday, in relation to an area, means a part of a day that is appointed or declared a public half‑holiday for that area by or under the Public and Bank Holidays Act 1972; public holiday, in relation to an area, means a day that is appointed or declared a public holiday for that area by or under the Public and Bank Holidays Act 1972; Public Sector Commissioner means the person holding the office established by the Public Sector Management Act 1994 section 16; Public Service has the meaning given by the Public Sector Management Act 1994; public service holiday means a holiday prescribed as such under the Public Service Act 1978 2; public service officer has the meaning given in the Public Sector Management Act 1994 section 3(1); publication means — (a) all written and printed matter; and (b) any record, tape, wire, perforated roll, cinematograph film or images or other contrivance by means of which any words or ideas may be mechanically, electronically, or electrically produced, reproduced, represented, or conveyed; and (c) anything whether of a similar nature to that described in paragraph (b) or not, containing any visible representation, or by its form, shape, or in any manner capable of producing, reproducing, representing, or conveying words or ideas; and (d) every copy and reproduction of a publication as defined in paragraphs (a), (b) and (c); regional local government means a regional local government established under the Local Government Act 1995; regional subsidiary means a regional subsidiary established under the Local Government Act 1995; regulation means a regulation made under the Act in which the term is used; repeal includes rescind, revoke, cancel, or delete; Royal Assent means assent by or in the name of Her Majesty; rule means a rule made under the Act in which the term is used; rules of court has the meaning given by section 66; sell includes barter, exchange, offer to sell and expose for sale; sign includes the affixing or making of a seal, mark or thumbprint; simple offence has the meaning given by section 67; sitting days, in relation to either House of Parliament, means days on which such House actually sits; spouse, in relation to a person, means a person who is lawfully married to that person; Standards Australia means Standards Australia International 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; State Administrative Tribunal means the State Administrative Tribunal established under the State Administrative Tribunal Act 2004; statutory declaration means a statutory declaration made in accordance with the Oaths, Affidavits and Statutory Declarations Act 2005 or made before the commencement of that Act in accordance with law; subsidiary legislation means any proclamation, regulation, rule, local law, by‑law, order, notice, rule of court, local or region planning scheme, resolution, or other instrument, made under any written law and having legislative effect; summary conviction means a conviction by a court of summary jurisdiction; summary conviction penalty, when used in relation to an indictable offence, has the effect provided for by section 5 of The Criminal Code; Supreme Court means the Supreme Court of Western Australia; swear includes to affirm; Territory means a Territory of the Commonwealth; the State or this State means the State of Western Australia; under, in relation to a written law or a provision of a written law, includes "by", "in accordance with", "pursuant to" and "by virtue of "; United Kingdom means the United Kingdom of Great Britain and Northern Ireland; Valuer‑General means the Valuer‑General under the Valuation of Land Act 1978; WA legislation website has the meaning given in the Legislation Act 2021 section 8(1); will includes a codicil and every writing making a voluntary posthumous disposition of property; words includes figures and symbols; writing and expressions referring to writing include printing, photography, photocopying, lithography, typewriting and any other modes of representing or reproducing words in visible form; written law means all Acts for the time being in force and all subsidiary legislation for the time being in force; year means a period of 12 months. [Section 5 amended: No. 98 of 1985 s. 3; No. 113 of 1987 s. 32; No. 49 of 1988 s. 41; No. 105 of 1990 s. 97; No. 15 of 1991 s. 21; No. 30 of 1992 s. 21; No. 6 of 1993 s. 11; No. 32 of 1994 s. 15; No. 73 of 1994 s. 4; No. 85 of 1994 s. 4; No. 14 of 1996 s. 4; No. 23 of 1997 s. 9; No. 41 of 1997 s. 33; No. 10 of 1998 s. 40(1); No. 26 of 1999 s. 89; No. 3 of 2002 s. 84; No. 45 of 2002 s. 16; No. 74 of 2003 s. 69(2); No. 4 of 2004 s. 58; No. 45 of 2004 s. 33(2); No. 54 of 2004 s. 175(2); No. 59 of 2004 s. 141; No. 70 of 2004 s. 36(12); No. 24 of 2005 s. 55; No. 38 of 2005 s. 15; No. 59 of 2006 s. 73; No. 60 of 2006 s. 183; No. 77 of 2006 Sch. 1 cl. 92; No. 29 of 2008 s. 35(2); No. 47 of 2008 s. 69; No. 18 of 2009 s. 4; No. 31 of 2010 s. 4; No. 39 of 2010 s. 78; No. 26 of 2016 s. 64; No. 13 of 2021 s. 48; No. 9 of 2022 s. 361.] 6. Definitions in a written law, application of Definitions or rules of interpretation contained in a written law apply to the construction of the provisions of the written law that contain those definitions or rules of interpretation as well as to other provisions of that written law. 7. Written laws to be construed subject to State's legislative power Every written law shall be construed subject to the limits of the legislative power of the State and so as not to exceed that power to the intent that where any enactment thereof, but for this section, would be construed as being in excess of that power, it shall nevertheless be valid to the extent to which it is not in excess of that power. 8. Written laws always speaking A written law shall be considered as always speaking and whenever a matter or thing is expressed in the present tense, it shall be applied to the circumstances as they arise, so that effect may be given to every part of the law according to its true spirit, intent, and meaning. 9. Parts of speech and grammatical forms Where a word or phrase is defined in a written law, other parts of speech and grammatical forms of that word or phrase have corresponding meanings. 10. Gender and number In any written law — (a) words that indicate or could be taken to indicate a person of a particular gender or sex (for example, he, she, chairman, workman) include — (i) any individual, regardless of gender or sex; and (ii) any person that is not an individual; [(b) deleted] (c) words in the singular number include the plural and words in the plural number include the singular. [Section 10 amended: No. 73 of 1994 s. 4; No. 13 of 2021 s. 49.] 11. Sovereign, references to A reference in a written law to the Sovereign reigning at the time the law was enacted or made, or to the Crown, shall be construed as a reference to the Sovereign for the time being. 12. Minister, references to A reference in a written law to the Minister shall be construed — (a) in the case of a reference in an Act, as a reference to the Minister of the Crown to whom the administration of the Act, or the provision of the Act, in which or in respect of which the term is used, is for the time being committed by the Governor; and (b) in the case of a reference in subsidiary legislation, as a reference to the Minister of the Crown to whom the administration of the Act, or the provision of the Act, under which the subsidiary legislation is made, is for the time being committed by the Governor; and (c) so as to include a Minister of the Crown for the time being acting for or on behalf of the Minister referred to in paragraph (a) or (b), as the case may require. 13. British subject etc., references to (1) In this section — Commonwealth Act means the Australian Citizenship Act 1948 3 of the Parliament of the Commonwealth, as amended; law of the State means a written law in force in the State. (2) A reference in any law of the State to a British subject or to a natural born or naturalized subject of Her Majesty or to any other like expression, shall be read as a reference to an Australian citizen and to any other person who, under the Commonwealth Act, has the status of a British subject or has the status of a British subject without citizenship. (3) Where a rule of law applies to, or in relation to, or has effect with respect to a British subject, that rule of law applies to, or in relation to, or has effect with respect to an Australian citizen and any other person who, under the Commonwealth Act, has the status of a British subject or has the status of a British subject without citizenship, as if that Australian citizen or other person were a British subject. 13A. De facto relationship and de facto partner, references to (1) A reference in a written law to a de facto relationship shall be construed as a reference to a relationship (other than a legal marriage) between 2 persons who live together in a marriage‑like relationship. (2) The following factors are indicators of whether or not a de facto relationship exists between 2 persons, but are not essential — (a) the length of the relationship between them; (b) whether the 2 persons have resided together; (c) the nature and extent of common residence; (d) whether there is, or has been, a sexual relationship between them; (e) the degree of financial dependence or interdependence, and any arrangements for financial support, between them; (f) the ownership, use and acquisition of their property (including property they own individually); (g) the degree of mutual commitment by them to a shared life; (h) whether they care for and support children; (i) the reputation, and public aspects, of the relationship between them. (3) It does not matter whether — (a) the persons are different sexes or the same sex; or (b) either of the persons is legally married to someone else or in another de facto relationship. (4) A reference in a written law to a de facto partner shall be construed as a reference to a person who lives, or where the context requires, has lived, in a de facto relationship. (5) The de facto partner of a person (the first person) is the person who lives, or lived, in the de facto relationship with the first person. [Section 13A inserted: No. 3 of 2002 s. 85.] 13B. Standards Association of Australia, references to A reference in a written law (other than this Act) to the Standards Association of Australia shall be read as a reference to Standards Australia. [Section 13B inserted as 13A: No. 74 of 2003 s. 69(3); renumbered as 13B under the Reprints Act 1984 s. 7(5)(c)(ii).] 13CA. Local government districts, references to (1) In a written law — local government district means a district under the Local Government Act 1995. (2) A reference in a written law to a named local government district is a reference to the local government district that has that name under the Local Government Act 1995. Example for this section: 1. "Perth local government district" refers to the local government district named Perth. 2. "Narrogin (Shire) local government district" refers to the local government district named Narrogin (Shire).] [Section 13CA inserted: No. 31 of 2010 s. 5; amended: No. 17 of 2014 s. 27.] 13C. When death of a person occurs For the purposes of the law of this State, a person dies when there occurs — (a) irreversible cessation of all function of the person's brain; or (b) irreversible cessation of circulation of blood in the person's body. [Section 13C inserted: No. 29 of 2008 s. 35(3).] 13D. Bankrupt and related expressions, references to (1) A reference in a written law to a person being a bankrupt means that the person is a bankrupt as defined in the Bankruptcy Act 1966 (Commonwealth) or has a substantially similar status under a law applicable in a place where that Act does not apply. (2) A reference in a written law to a person being a bankrupt or a person whose affairs are under insolvency laws means that — (a) the person is a bankrupt as described in subsection (1); or (b) the person is a party, as a debtor, to a debt agreement under the Bankruptcy Act 1966 (Commonwealth); or (c) the person has, as a debtor, entered into a personal insolvency agreement under Part X of the Bankruptcy Act 1966 (Commonwealth) and obligations created by the agreement remain to be discharged; or (d) the person has not yet entered a personal insolvency agreement under Part X of the Bankruptcy Act 1966 (Commonwealth) but has authorised a controlling trustee to perform functions under that Part, or that the person has a substantially similar status under a law applicable in a place where the Bankruptcy Act 1966 (Commonwealth) does not apply. [Section 13D inserted: No. 18 of 2009 s. 5.] 14. References to 2 or more provisions to be inclusive A reference in a written law by number or letter or by number and letter to 2 or more portions of a written law shall be construed as including the portion described by the reference first‑mentioned and the portion described by the reference last‑mentioned. 15. Internal references in written laws, construction of (1) Where in an Act reference is made to a Part, Chapter, section, schedule, appendix, or form without anything in the context to indicate that a reference to a Part, Chapter, section, schedule, appendix, or form of or to some other Act is intended, the reference shall be construed as a reference to a Part, Chapter, section, schedule, appendix, or form of or to the Act in which the reference is made. (2) Where in a provision 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 provision is intended, the reference shall be construed as a reference to a subsection, paragraph, subparagraph, or other division of the provision in which the reference is made. (3) Where in a schedule to an Act reference is made to a clause, subclause, paragraph or other division without anything in the context to indicate that a reference to a clause, subclause, paragraph, or other division of some other provision is intended, the reference shall be construed as a reference to a clause, subclause, paragraph, or other division of the schedule or provision of the schedule in which the reference is made. (4) The provisions of subsections (1), (2), and (3) shall apply, subject to the necessary modifications, to the construction of subsidiary legislation. 15A. Reference to paragraph (1) In this section — paragraph includes a subparagraph, item, subitem and any other similar provision. (2) A reference in a written law to a paragraph includes a reference to a conjunction after it connecting it to another paragraph. [Section 15A inserted: No. 31 of 2010 s. 6.] 16. Reference to written law is to written law as amended (1) A reference in a written law to a written law shall be deemed to include a reference to such written law as it may from time to time be amended. (2) A reference in a written law to a provision of a written law shall be construed as a reference to such provision as it may from time to time be amended. (3) A reference in a written law to an Imperial Act or a Commonwealth Act, or to a provision of an Imperial Act or a Commonwealth Act, shall be construed so as to include a reference to such Act or provision as it may from time to time be amended. 17. Disjunctive construction of "or" In relation to a written law passed or made after the commencement of this Act, but subject to section 3(3), or, other, and otherwise shall be construed disjunctively and not as implying similarity unless the word "similar" or some other word of like meaning is added. 18. Purpose or object of written law, use of in interpretation In the interpretation of a provision of a written law, a construction that would promote the purpose or object underlying the written law (whether that purpose or object is expressly stated in the written law or not) shall be preferred to a construction that would not promote that purpose or object. 19. Extrinsic material, use of in interpretation (1) Subject to subsection (3), in the interpretation of a provision of a written law, if any material not forming part of the written law is capable of assisting in the ascertainment of the meaning of the provision, consideration may be given to that material — (a) to confirm that the meaning of the provision is the ordinary meaning conveyed by the text of the provision taking into account its context in the written law and the purpose or object underlying the written law; or (b) to determine the meaning of the pro