Commonwealth: Acts Interpretation Act 1901 (Cth)

Acts Interpretation Act 1901 No. 2, 1901 Compilation No. 38 Compilation date: 11 December 2024 Includes amendments: Act No. 115, 2024 About this compilation This compilation This is a compilation of the Acts Interpretation Act 1901 that shows the text of the law as amended and in force on 11 December 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part 1—Preliminary 1 Short title 1A Simplified outline 2 Application of Act 2A Binding the Crown Part 2—Definitions 2B Definitions 2C References to persons 2CA References to spouses 2D References to de facto partners 2E Registered relationships 2F De facto relationships 2G Months 2H References to law of the Commonwealth 2J Documents commencing proceedings 2K Rules of court 2L References to Australian Standards 2M Sitting day Part 3—Commencement of Acts 3 When Acts come into operation 3A Commencement of Acts 4 Exercise of powers between enactment and commencement of Act 6 Evidence of date of assent Part 4—Amendment, repeal and expiry of Acts 7 Effect of repeal or amendment of Act 10 References to amended or re‑enacted Acts 10A References to amended or re‑enacted laws of States and Territories 11 Acts may be altered etc. in same session 11A Inserting definitions into provisions or inserting items into lists or tables 11B Amending Act to be construed with amended Act Part 5—General interpretation rules 12 Every section a substantive enactment 13 Material that is part of an Act 15A Construction of Acts to be subject to Constitution 15AA Interpretation best achieving Act's purpose or object 15AB Use of extrinsic material in the interpretation of an Act 15AC Changes to style not to affect meaning 15AD Examples 15B Application of Acts in coastal sea 15C Jurisdiction of courts 16 References to the Sovereign 16A References to the Governor‑General 16B References to the Governor of a State 16BA References to judge 16C References to Stipendiary Magistrate and Magistrate 17A Paper or document purporting to be printed by Government Printer 18A Parts of speech and grammatical forms 18B Titles of Chairs and Deputy Chairs 19 References to Ministers in Acts 19A References to Departments in Acts 19B Machinery of government—substituted reference orders 19C Machinery of government—references to authorities in Commonwealth agreements 19D Machinery of government changes—saving the validity of acts done by authorities 19E Validity of acts done by Ministers 20 References to holders of appointments, offices and positions in Acts and Commonwealth agreements 21 Office etc. means office etc. of the Commonwealth 23 Rules as to gender and number 25A Production of records kept in computers etc. 25B Alterations of names and constitutions 25C Compliance with forms 25D Content of statements of reasons for decisions Part 6—Service of documents 28A Service of documents 29 Meaning of service by post Part 7—Powers, functions and duties 33 Exercise of powers and performance of functions or duties 33AA Power to appoint includes power to reappoint 33AB Validity of things done under appointments under Acts 33A Acting in offices or positions 33B Participation in meetings by telephone etc. 34 Power to hear and determine a matter includes power to receive evidence and examine witnesses etc. 34AAA Exercise of powers etc. by holders etc. of offices or positions 34AAB Minister may authorise others to perform functions or duties or exercise powers on his or her behalf 34AA Delegation to persons holding, occupying or performing the duties of an office or position 34AB Effect of delegation 34A Exercise of powers and performance of functions or duties that depend upon the opinion etc. of delegates 34B Presentation of papers to the Parliament 34C Periodic reports Part 8—Distance, time and age 35 Measurement of distance 36 Calculating time 37 Expressions of time 37A Attainment of particular age Part 9—Citation of Acts and instruments 38 Reference to Acts 39 Numbering of Acts 40 Citation of Acts and instruments 40A References to the new corporations and ASIC legislation Part 10—Instruments not covered by the Legislation Act 2003, and parliamentary resolutions 46 Construction of instruments 46AA Prescribing matters by reference to other instruments 47 Construction of resolutions Part 11—Regulations 51 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act for the Interpretation of Acts of Parliament and for Shortening their Language Part 1—Preliminary 1 Short title This Act may be cited as the Acts Interpretation Act 1901. 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, notifiable instruments and other instruments made under an Act (see subsection 13(1) of the Legislation 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 20 (which deal generally with references to Ministers and Departments in Acts, with the effect of machinery of government changes on references to Ministers and Departments and other authorities in Acts and Commonwealth agreements, and with the validity of acts done by Ministers). 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 instruments other than legislative instruments or notifiable 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. 2 Application of Act (1) This Act applies to all Acts (including this Act). Note: This Act also applies to legislative instruments, notifiable instruments and other instruments: see subsection 13(1) of the Legislation 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. Part 2—Definitions 2B Definitions In any Act: acting SES employee has the same meaning as in the Public Service Act 1999. Administrative Arrangements Order: (a) means an instrument (a primary AAO) made by the Governor‑General that is described as an Administrative Arrangements Order; and (b) includes an instrument made by the Governor‑General that: (i) amends a primary AAO; or (ii) revokes a primary AAO and substitutes a new primary AAO. Note: The Administrative Arrangements Order sets out, from time to time, the matters dealt with by Departments of State of the Commonwealth together with the legislation administered by the Ministers for those Departments. 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 Norfolk Island, 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 Privacy Principle has the same meaning as in the Privacy Act 1988. 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. charitable has the meaning given by Part 2 of the Charities Act 2013. charitable purpose has the meaning given by Part 3 of the Charities Act 2013. charity has the meaning given by Part 2 of the Charities Act 2013. 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 Norfolk Island, 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. judge has a meaning affected by section 16BA. 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. legislative instrument has the same meaning as in the Legislation Act 2003. 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. notifiable instrument has the same meaning as in the Legislation Act 2003. 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 a Proclamation by the Governor‑General that is registered in the Federal Register of Legislation established under the Legislation Act 2003 as a legislative instrument or notifiable instrument. Note: Some Proclamations provide solely for the commencement of Acts, legislative instruments or notifiable instruments, or provisions of Acts or such instruments. Under section 11 of the Legislation Act 2003, these are notifiable instruments. 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. Senior Counsel includes: (a) if the Sovereign is a King—King's Counsel; and (b) if the Sovereign is a Queen—Queen's Counsel. SES employee has the same meaning as in the Public Service Act 1999. sitting day: see section 2M. Sovereign: see section 16. spouse: see section 2CA. 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 subsections 16C(1) and (3). 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. 2CA References to spouses (1) For the purposes of any Act, a person is the spouse of another person (whether of the same sex or a different sex) if the person is legally married to the other person. (2) Subsection (1) has effect in addition to any provision of an Act that affects the meaning of spouse in a provision of that Act. Example: Spouse is defined for the purposes of an Act to include a de facto partner and a former spouse. Because of this section, a reference in the Act to a person's spouse covers any person who is legally married to the person, in addition to any person covered by the definition in the Act. 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 starting on 31 October in a year is a reference to a period starting on that day and ending at the end of April in the next year (because April is the calendar month coming sixth after October and does not have 31 days). 2H References to law of the Commonwealth In any Act, a reference to the law of the Commonwealth, or to a law of the Commonwealth, does not include, and is taken never to have included, a reference to a law in force in a Territory so far as the law is so in force because of an Act providing for the acceptance, administration or government of that Territory. 2J Documents commencing proceedings A reference in a provision of an Act to any one or more of the following in connection with court proceedings: (a) a summons; (b) an information; (c) a claim; (d) a complaint; (e) a declaration; is taken to include a reference to any document through which proceedings may be instituted in a court. Note: An example of such a document is a court attendance notice under the Criminal Procedure Act 1986 of New South Wales. 2K Rules of court (1) In any Act, rules of court, in relation to any court, means rules made by the authority having for the time being power to make rules or orders regulating the practice and procedure of such court. (2) The power of the authority to make rules of court includes a power to make rules of court for the purpose of any Act which directs or authorises anything to be done by rules of court. 2L References to Australian Standards In any Act, a reference consisting of the words "Australian Standard" followed by the letters "AS" and a number is a reference to the standard so numbered that is published by, or on behalf of, Standards Australia. 2M Sitting day (1) In any Act, a sitting day, in relation to a House of the Parliament, is a day on which the House actually sits. (2) However, if the House sat without adjourning on a previous day (the earlier sitting day), any period during which the House continues to sit, with or without a suspension, on a later day, until it adjourns, is taken to be part of the earlier sitting day. Example 1: The Senate begins sitting at 9 am on Thursday and extends (with or without a suspension of the sitting) until it is adjourned at 3 pm on Friday. Thursday is a sitting day for the Senate but Friday is not. This example applies equally to the House of Representatives. Example 2: The House of Representatives begins sitting at 9 am on Wednesday and extends (with or without a suspension of the sitting) until it is adjourned at 1 am on Thursday. The House of Representatives then starts sitting again at 10 am on Thursday and adjourns at 3 pm on Thursday. Both Wednesday and Thursday are sitting days for the House of Representatives. This example applies equally to the Senate. (3) For the purposes of this section, a House is taken to have adjourned if: (a) the Parliament is prorogued; or (b) that House is dissolved; or (c) if that House is the House of Representatives—that House expires. Part 3—Commencement of Acts 3 When Acts come into operation If an Act or a provision of an Act is expressed to come into operation on a particular day (whether the expression "come into operation" or "commence" is used), it comes into operation at the start of the day. 3A Commencement of Acts (1) This section does not apply to an Act so far as it provides for its commencement. (2) An Act (other than an Act to alter the Constitution) commences on the 28th day after the day on which that Act receives the Royal Assent. (3) An Act to alter the Constitution commences on the day on which that Act receives the Royal Assent. 4 Exercise of powers between enactment and commencement of Act Application of section (1) This section applies if an Act is enacted and at a time (the start time) after its enactment the Act will confer power to make an appointment, or to make an instrument of a legislative or administrative character (including rules, regulations or by‑laws), because: (a) the Act will commence at the start time; or (b) the Act will be amended at the start time by an Act that has been enacted and that commences at that time. Exercise of power before start time (2) The power may be exercised before the start time as if the relevant commencement had occurred. (3) Anything may be done before the start time for the purpose of enabling the exercise of the power, or of bringing the appointment or instrument into effect, as if the relevant commencement had occurred. (4) The exercise of a power under subsection (2) does not confer a power or right or impose an obligation on a person before the relevant commencement except so far as is necessary or convenient for the purpose of: (a) bringing the appointment or instrument into effect; or (b) bringing the Act conferring power into operation; or (c) making the Act conferring power fully effective at or after the start time. (5) An appointment, or a provision of an instrument, made under subsection (2) takes effect at the start time or a later time specified in the appointment or instrument. One instrument may rely on subsection (2) and existing power (6) To avoid doubt, a single instrument may be made before the start time partly under subsection (2) and partly under a power already conferred by an Act. Extended application to provisions of an Act (7) Subsections (1) to (6) also apply in relation to a provision of an Act in the same way as they apply in relation to an Act. 6 Evidence of date of assent The date appearing on the copy of an Act printed by the Government Printer, and purporting to be the date on which the Governor‑General assented thereto, or made known the Sovereign's assent, shall be evidence that such date was the date on which the Governor‑General so assented or made known the Sovereign's assent, and shall be judicially noticed. Part 4—Amendment, repeal and expiry of Acts 7 Effect of repeal or amendment of Act No revival of other Act or part (1) The repeal of an Act, or of a part of an Act, that repealed an Act (the old Act) or part (the old part) of an Act does not revive the old Act or old part, unless express provision is made for the revival. No effect on previous operation of Act or part (2) If an Act, or an instrument under an Act, repeals or amends an Act (the affected Act) or a part of an Act, then the repeal or amendment does not: (a) revive anything not in force or existing at the time at which the repeal or amendment takes effect; or (b) affect the previous operation of the affected Act or part (including any amendment made by the affected Act or part), or anything duly done or suffered under the affected Act or part; or (c) affect any right, privilege, obligation or liability acquired, accrued or incurred under the affected Act or part; or (d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against the affected Act or part; or (e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment. 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 affected Act or part had not been repealed or amended. Note: The Act that makes the repeal or amendment, or provides for the instrument to make the repeal or amendment, may be different from, or the same as, the affected Act or the Act containing the part repealed or amended. Interpretation (3) A reference in subsection (1) or (2) to the repeal or amendment of an Act or of a part of an Act includes a reference to: (a) a repeal or amendment effected by implication; and (b) the expiry, lapsing or cessation of effect of the Act or part; and (c) the abrogation or limitation of the effect of the Act or part; and (d) the exclusion of the application of the Act or part to any person, subject‑matter or circumstance. (4) A reference in this section to a part of an Act includes a reference to any provision of, or words, figures, drawings or symbols in, an Act. 10 References to amended or re‑enacted Acts Where an Act contains a reference to a short title that is or was provided by law for the citation of another Act as originally enacted, or of another Act as amended, then: (a) the reference shall be construed as a reference to that other Act as originally enacted and as amended from time to time; and (b) where that other Act has been repealed and re‑enacted, with or without modifications, the reference shall be construed as including a reference to the re‑enacted Act as originally enacted and as amended from time to time; and (c) if a provision of the other Act is repealed and re‑enacted (including where the other Act is repealed and re‑enacted), with or without modifications, a reference to the repealed provision extends to any corresponding re‑enacted provision (whether or not the re‑enacted provision has the same number as the repealed provision). 10A References to amended or re‑enacted laws of States and Territories Where an Act contains a reference to a short title or other citation that is or was provided by the law of a State or Territory for the citation of a law of that State or Territory as originally enacted or made, or as amended, then: (a) the reference shall be construed as a reference to that law as originally enacted or made and as amended from time to time; and (b) where that law has been repealed and re‑enacted or re‑made, with or without modifications, the reference shall be construed as including a reference to the re‑enacted or re‑made law as originally enacted or made and as amended from time to time; and (c) if a provision of that law is repealed and re‑enacted or re‑made (including where that law is repealed and re‑enacted or re‑made), with or without modifications, a reference to the repealed provision extends to any corresponding re‑enacted or re‑made provision (whether or not the re‑enacted or re‑made provision has the same number as the repealed provision). 11 Acts may be altered etc. in same session An Act may be altered, amended or repealed in the same session of Parliament in which it was passed. 11A Inserting definitions into provisions or inserting items into lists or tables Inserting definitions (1) If an amending Act inserts a definition in a provision of the Act being amended, but does not specify the position in that provision where it is to be inserted, it is to be inserted in the appropriate alphabetical position, determined on a letter‑by‑letter basis. Inserting items into lists or tables (2) If: (a) an amending Act inserts an item into a list or table in a provision of the Act being amended, but does not specify the position in the list or table where the item is to be inserted; and (b) immediately before the insertion, the list or table was arranged alphabetically; the item is inserted in the appropriate alphabetical position, determined on a letter‑by‑letter basis. 11B Amending Act to be construed with amended Act (1) Every Act amending another Act must be construed with the other Act as part of the other Act. (2) If: (a) an Act (the amending Act) amends another Act (the principal Act); and (b) a provision (the non‑amending provision) of the amending Act does not amend the principal Act, but relates to an amendment of the principal Act made by another provision of the amending Act; and (c) a term is used in the non‑amending provision that has a particular meaning in the principal Act or in a provision of the principal Act amended or included by the amending Act; then the term has that meaning in the non‑amending provision. Note: Subsection (2) covers, for example, application, transitional and saving items in a Schedule to an amending Act that relate to amendments of a principal Act made by other items in the Schedule. (3) Subsection (2) does not limit subsection (1). Part 5—General interpretation rules 12 Every section a substantive enactment Every section of an Act shall have effect as a substantive enactment without introductory words. 13 Material that is part of an Act (1) All material from and including the first section of an Act to the end of: (a) if there are no Schedules to the Act—the last section of the Act; or (b) if there are one or more Schedules to the Act—the last Schedule to the Act; is part of the Act. (2) The following are also part of an Act: (a) the long title of the Act; (b) any Preamble to the Act; (c) the enacting words for the Act; (d) any heading to a Chapter, Part, Division or Subdivision appearing before the first section of the Act. (3) However, text is not part of an Act, or a compilation of an Act within the meaning of the Legislation Act 2003, if the text: (a) only indicates the effect of an element of the Act; and (b) is accessible in an electronic version of the Act or compilation; and (c) does not appear in the printed text of the Act (or any amendment of the Act) as enacted by the Parliament, or any other printed version of the Act or compilation. Note: This text is known as alternative text or "alt text". Alternative text may be accessible in an electronic version of an Act or compilation that is published on an approved website under the Legislation Act 2003. This text may, for example, aurally indicate the effect of a graphic image in an Act to assist users of the website who have visual disabilities. 15A Construction of Acts to be subject to Constitution Every Act shall be read and construed subject to the Constitution, and so as not to exceed the legislative power of the Commonwealth, to the intent that where any enactment thereof would, but for this section, have been construed as being in excess of that power, it shall nevertheless be a valid enactment to the extent to which it is not in excess of that power. 15AA Interpretation best achieving Act's purpose or object In interpreting a provision of an Act, the interpretation that would best achieve the purpose or object of the Act (whether or not that purpose or object is expressly stated in the Act) is to be preferred to each other interpretation. 15AB Use of extrinsic material in the interpretation of an Act (1) Subject to subsection (3), in the interpretation of a provision of an Act, if any material not forming part of the Act 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 Act and the purpose or object underlying the Act; or (b) to determine the meaning of the provision when: (i) the provision is ambiguous or obscure; or (ii) the ordinary meaning conveyed by the text of the provision taking into account its context in the Act and the purpose or object underlying the Act leads to a result that is manifestly absurd or is unreasonable. (2) Without limiting the generality of subsection (1), the material that may be considered in accordance with that subsection in the interpretation of a provision of an Act includes: (a) all matters not forming part of the Act that are set out in the document containing the text of the Act as printed by the Government Printer; (b) any relevant report of a Royal Commission, Law Reform Commission, committee of inquiry or other similar body that was laid before either House of the Parliament before the time when the provision was enacted; (c) any relevant report of a committee of the Parliament or of either House of the Parliament that was made to the Parliament or that House of the Parliament before the time when the provision was enacted; (d) any treaty or other international agreement that is referred to in the Act; (e) any explanatory memorandum relating to the Bill containing the provision, or any other relevant document, that was laid before, or furnished to the members of, either House of the Parliament by a Minister before the time when the provision was enacted; (f) the speech made to a House of the Parliament by a Minister on the occasion of the moving by that Minister of a motion that the Bill containing the provision be read a second time in that House; (g) any document (whether or not a document to which a preceding paragraph applies) that is declared by the Act to be a relevant document for the purposes of this section; and (h) any relevant material in the Journals of the Senate, in the Votes and Proceedings of the House of Representatives or in any official record of debates in the Parliament or either House of the Parliament. (3) In determining whether consideration should be given to any material in accordance with subsection (1), or in considering the weight to be given to any such material, regard shall be had, in addition to any other relevant matters, to: (a) the desirability of persons being able to rely on the ordinary meaning conveyed by the text of the provision taking into account its context in the Act and the purpose or object underlying the Act; and (b) the need to avoid prolonging legal or other proceedings without compensating advantage. 15AC Changes to style not to affect meaning Where: (a) an Act has expressed an idea in a particular form of words; and (b) a later Act appears to have expressed the same idea in a different form of words for the purpose of using a clearer style; the ideas shall not be taken to be different merely because different forms of words were used. 15AD Examples If an Act includes an example of the operation of a provision: (a) the example is not exhaustive; and (b) the example may extend the operation of the provision. 15B Application of Acts in coastal sea Coastal sea of Australia (1) An Act is taken to have effect in, and in relation to, the coastal sea of Australia as if that coastal sea were part of Australia. (2) A reference in an Act to Australia, or to the Commonwealth, is taken to include a reference to the coastal sea of Australia. Coastal sea of external Territory (3) An Act that is in force in an external Territory is taken to have effect in, and in relation to, the coastal sea of the Territory as if that coastal sea were part of the Territory. (3A) A reference in an Act to all or any of the external Territories (whether or not one or more particular Territories are referred to) is taken to include a reference to the coastal sea of any Territory to which the reference relates. Definition (4) In this section, coastal sea: (a) in relation to Australia, means: (i) the territorial sea of Australia; and (ii) the sea on the landward side of the territorial sea of Australia and not within the limits of a State or internal Territory; and includes the airspace over, and the sea‑bed and subsoil beneath, any such sea; and (b) in relation to an external Territory, means: (i) the territorial sea adjacent to the Territory; and (ii) the sea on the landward side of the territorial sea adjacent to the Territory and not within the limits of the Territory; and includes the airspace over, and the sea‑bed and subsoil beneath, any such sea. 15C Jurisdiction of courts Where a provision of an Act, whether expressly or by implication, authorises a civil or criminal proceeding to be instituted in a particular court in relation to a matter: (a) that provision shall be deemed to vest that court with jurisdiction in that matter; (b) the jurisdiction so vested is not limited by any limits to which any other jurisdiction of the court may be subject; and (c) in the case of a court of a Territory, that provision shall be construed as providing that the jurisdiction is vested so far only as the Constitution permits. 16 References to the Sovereign In any Act references to the Sovereign reigning at the time of the passing of such Act, or to the Crown, shall be construed as references to the Sovereign for the time being. 16A References to the Governor‑General Where, in an Act, the Governor‑General is referred to, the reference shall be deemed to include: (a) the person for the time being administering the Government of the Commonwealth; or (b) where the reference occurs in or in relation to a provision conferring on the Governor‑General a power or function which the Governor‑General or the person administering the Government of the Commonwealth has for the time being assigned to a person as his or her deputy, that last‑mentioned person in his or her capacity as deputy; and shall be read as referring to the Governor‑General, or a person so deemed to be included in the reference, acting with the advice of the Executive Council. 16B References to the Governor of a State Where, in an Act, the Governor of a State is referred to, the reference shall be deemed to include the Governor for the time being of the State or any other person who is, for the time being, the chief executive officer or administrator of the government of the State. 16BA References to judge In any Act, a reference (whether general or otherwise) to a judge does not include a reference to a Judge, or an acting Judge, of the Local Court of the Northern Territory. 16C References to Stipendiary Magistrate and Magistrate (1) Where, in an Act, reference is made to a Stipendiary Magistrate, the reference shall be read as including a reference to any Magistrate in respect of whose office an annual salary is payable. (2) Where, in an Act passed after the date of commencement of this section, reference is made to a Magistrate, the reference shall be read as a reference to: (a) a Chief, Police, Stipendiary, Resident or Special Magistrate; or (b) any other Magistrate in respect of whose office an annual salary is payable. (3) In any Act, a reference to a Stipendiary Magistrate or Magistrate includes a reference to a Judge, or an acting Judge, of the Local Court of the Northern Territory. 17A Paper or document purporting to be printed by Government Printer For the purposes of an Act in which reference is made to a paper or document purporting to be printed by the Government Printer, the words "Government Printer of the Commonwealth", "Government Printer of the Commonwealth of Australia", "Commonwealth Government Printer" or "Government Printer of Australia" appearing on a paper or document shall be deemed to refer to the Government Printer. 18A Parts of speech and grammatical forms In any Act where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings. 18B Titles of Chairs and Deputy Chairs Chair titles (1) For the purposes of this section, each of the following is a chair title: (a) Chair; (b) Chairperson; (c) Chairman; (d) Chairwoman. (2) A person occupying an office that is established by an Act and that has a chair title may choose to be referred to by: (a) that chair title; or (b) another chair title; or (c) any other similar title. (3) If a person occupying an office that is established by an Act and that has a chair title does not choose to be referred to by a title mentioned in subsection (2), the person may be referred to by the chair title that someone addressing the person considers appropriate. Deputy chair titles (4) For the purposes of this section, each of the following is a deputy chair title: (a) Deputy Chair; (b) Deputy Chairperson; (c) Deputy Chairman; (d) Deputy Chairwoman. (5) A person occupying an office that is established by an Act and that has a deputy chair title may choose to be referred to by: (a) that deputy chair title; or (b) another deputy chair title; or (c) any other similar title. (6) If a person occupying an office that is established by an Act and that has a deputy chair title does not choose to be referred to by a title mentioned in subsection (5), the person may be referred to by the deputy chair title that someone addressing the person considers appropriate. 19 References to Ministers in Acts (1) If a provision of an Act refers to a Minister, the following table provides which Minister the provision refers to in relation to a particular matter (the relevant matter) on a particular day (the relevant day). References to Ministers in Acts If the provision … then the Minister referred to is … 1 refers to a Minister by using the expression "the Minister", without identifying the Minister the Minister, or any of the Ministers, administering the provision on the relevant day, in relation to the relevant matter. 2 refers to a Minister by reference to the fact that the Minister administers any of the following laws: the Minister, or any of the Ministers, administering that law on the relevant day, in relation to the relevant matter. (a) the Act, that provision or another provision of the Act; (b) another Act, or a provision of another Act 3 refers to a Minister by title (for example, "the Attorney‑General" or "the Minister for Industry"), even if that title no longer exists (a) if, at the time the provision commenced, or the reference to the Minister was inserted, the Minister referred to by title administered the provision—the Minister, or any of the Ministers, identified by item 1; or (b) if paragraph (a) does not apply—the Minister currently identified by the title, or by a substituted reference order under section 19B; or (c) in any case—any other Minister administering the Department of State of the Commonwealth that deals with the matters for which the Minister mentioned in paragraph (a) or (b) (as the case may be) is responsible on the relevant day. 4 refers to a Minister by describing a matter for which the Minister is responsible (for example, "the Minister responsible for the environment") the Minister, or any of the Ministers, administering the Department of State of the Commonwealth that deals with the relevant matter on the relevant day. (2) Instruments including the following, as in force on the relevant day, or any earlier day, may be used to work out which Minister (or Ministers) is referred to under subsection (1): (a) an Administrative Arrangements Order; (b) a substituted reference order under section 19B. Note: Substituted reference orders under section 19B may have effect in relation to days before the orders are made. (3) To avoid doubt, if, because of this section, a provision of an Act is taken to require anything to be done by or in relation to any one of 2 or more Ministers, the provision is not taken to require it to be done in any particular case by or in relation to more than one of those Ministers. Acting Ministers (4) If a provision of an Act refers to a Minister, the reference is taken to include a reference to a Minister or member of the Executive Council for the time being acting for or on behalf of the Minister. 19A References to Departments in Acts (1) If a provision of an Act refers to a Department, the following table provides which Department the provision refers to in relation to a particular matter (the relevant matter) on a particular day (the relevant day). References to Departments in Acts Item If the provision … then the Department is … 1 refers to a Department by using the expression "the Department", without identifying the Department the Department of State of the Commonwealth that is administered by the Minister or Ministers administering that provision in relation to the relevant matter, and that deals with that matter. 2 refers to a Department by title (for example, "the Attorney‑General's Department" or "the Department of Industry"), even if that title no longer exists (a) if, at the time the provision commenced, or the reference to the Department was inserted, the Department referred to by title was administered by the Minister or Ministers administering that provision in relation to the relevant matter—the Department identified by item 1; or (b) if paragraph (a) does not apply—the Department of State of the Commonwealth identified by the title, or by a substituted reference order under section 19B; or (c) in any case—any other Department of State of the Commonwealth that deals with the matters for which the Department mentioned in paragraph (a) or (b) (as the case may be) is responsible on the relevant day. 3 refers to a Department by describing a matter for which the Department is responsible (for example, "the Department responsible for the environment") the Department of State of the Commonwealth that deals with the relevant matter on the relevant day. Example: A provision of an Act refers to "the Secretary of the Department" but does not identify which Department is referred to. Under item 1, the reference is to the Secretary of the Department administered by the Minister who administers that provision in relation to the relevant matter, and that deals with that matter, as worked out under subsection (2). (2) Instruments including the following, as in force on the relevant day, or any earlier day, may be used to work out which Department is identified by the table in subsection (1): (a) an Administrative Arrangements Order; (b) a substituted reference order under section 19B. Note: Substituted reference orders under section 19B may have effect in relation to days before the orders are made. 19B Machinery of government—substituted reference orders Scope (1) This section applies if: (a) a provision of an Act refers to an authority (see subsection (7)); and (b) any of the following happens: (i) the authority is abolished; (ii) the name or title of the authority is changed; (iii) there is a change in the matters dealt with by the authority because of the effect of an Administrative Arrangements Order; (iv) the reference to the authority becomes no longer appropriate for any other reason. Substituted reference orders—Ministers, Departments, Agencies and offices (2) The Governor‑General may make a substituted reference order directing that the provision is to have effect for all purposes, on and after a day specified in the order: (a) as if there were substituted, for the reference to the authority mentioned in subsection (1), a reference to another specified authority (or authorities); or (b) as if, in so far as the provision applies in a particular respect specified in the order, there were substituted, for the reference to the authority mentioned in subsection (1), a reference to another specified authority (or authorities). Note 1: For when the Governor‑General may make a substituted reference order that relates to certain provisions of the Australian Security Intelligence Organisation Act 1979, or the Telecommunications (Interception and Access) Act 1979, that refer to the Attorney‑General, see sections 5B and 6V of those Acts respectively. Note 2: A substituted reference order may be amended or revoked in the same way as it is made (see subsection 33(3) of this Act). (3) The day specified in the order (as the day on and after which the order is to have effect) may be a day before the order is made. (4) A substituted reference order has effect according to its terms. Note: The order has effect for the purpose of the making of any subsequent order under this section. (5) A substituted reference order is a legislative instrument. Authority abolished and another established with the same name (6) A substituted reference order must not be made only because an authority is abolished, and, immediately after its abolition, another authority of the same type, with the same name, is established. Note: However, a substituted reference order may be made if either of the following happens in relation to the authority: (a) there is a change in the matters dealt with by the authority because of the effect of an Administrative Arrangements Order (see subparagraph (1)(b)(iii)); (b) a reference to the authority becomes no longer appropriate for any other reason (see subparagraph (1)(b)(iv)). Definition of authority (7) In this section: authority means any of the following: (a) a Minister; (b) a Department of State of the Commonwealth; (c) any other Agency within the meaning of the Public Service Act 1999; (d) an office (including an APS employee's office and any other appointment or position), or the holder of an office. Note: Offices are offices in and for the Commonwealth (see section 21). An example is the office of Secretary of a Department of State. 19C Machinery of government—references to authorities in Commonwealth agreements Scope (1) This section applies if: (a) a provision of an agreement entered into by or on behalf of the Commonwealth refers to an authority (see subsection (6)) in relation to a particular matter (the relevant matter); and (b) any of the following happens after the agreement was entered into: (i) the authority is abolished; (ii) the name or title of the authority is changed; (iii) there is a change in the matters dealt with by the authority because of the effect of an Administrative Arrangements Order; (iv) the reference to the authority becomes no longer appropriate for any other reason. References to authorities in Commonwealth agreements (2) The following table provides which authority the provision of the agreement is taken to refer to in relation to the relevant matter on a particular day (the relevant day) after the most recent event mentioned in paragraph (1)(b). References to authorities in Commonwealth agreements Item If the provision refers to … then the provision is taken to refer to … 1 a Minister the Minister, or any of the Ministers, administering the Department of State of the Commonwealth that deals with the relevant matter on the relevant day. 2 a Department the Department of State of the Commonwealth that deals with the relevant matter on the relevant day. 3 any other authority (the relevant authority) an authority (including the relevant authority): (a) exercising the powers, or performing the functions, of the relevant authority on the relevant day; or (b) determined under subsection (4). (3) The following instruments, as in force on the relevant day, or any earlier day, may be used to work out which authority is taken to be referred to under subsection (2): (a) an Administrative Arrangements Order; (b) a substituted reference order under section 19B. Note: Substituted reference orders under section 19B may have effect in relation to days before the orders are made. (4) The Minister administering the Department of State of the Commonwealth that deals with the relevant matter may, by notifiable instrument, make a determination for the purposes of item 3 of the table in subsection (2). Note 1: A determination may be amended or revoked in the same way as it is made (see subsection 33(3)). Note 2: Notifiable instruments must be registered under the Legislation Act 2003, but they are not subject to parliamentary scrutiny or sunsetting under that Act. (5) To avoid doubt, if, because of this section, a provision of an agreement entered into by or on behalf of the Commonwealth is taken to require anything to be done by or in relation to any one of 2 or more Ministers, the provision is not taken to require it to be done in any particular case by or in relation to more than one of those Ministers. Definition of authority (6) In this section: authority means any of the following: (a) a Minister; (b) a Department of State of the Commonwealth; (c) any other Agency within the meaning of the Public Service Act 1999; (d) an office (including an APS employee's office and any other appointment or position), or the holder of an office. Note: Offices are offices in and for the Commonwealth (see section 21). An example is the office of Secretary of a Department of State. 19D Machinery of government changes—saving the validity of acts done by authorities Saving the validity of acts done by authorities (1) Subject to section 19E, the purported exercise or performance of a power, function or duty by or on behalf of an authority (see subsection (5)) is not invalid merely because, following a machinery of government change, the power, function or duty: (a) is conferred or imposed on another authority; or (b) is conferred or imposed on the same authority under another name or title; or (c) is no longer conferred or imposed on any authority. (2) Subsection (1) only applies if the authority acted on the basis of a reasonable, but mistaken, belief about the occurrence, timing or nature of the machinery of government change. Machinery of government change (3) For the purposes of this section, a machinery of government change occurs if any of the following applies in relation to an authority: (a) the authority is abolished; (b) the name or title of the authority is changed; (c) there is a change in the matters dealt with by the authority because of the effect of an Administrative Arrangements Order; (d) the authority no longer exercises or performs the power, function or duty for any other reason. Powers, functions and duties (4) This section applies in relation to a power, function or duty purportedly exercised or performed by or on behalf of an authority, whether before or after the machinery of government change, under any of the following: (a) an Act or legislative instrument; (b) an agreement entered into by or on behalf of the Commonwealth; (c) any other authorisation under a law of the Commonwealth. Definition of authority (5) In this section: authority means any of the following persons or bodies: (a) a Minister; (b) a Department of State of the Commonwealth; (c) any other Agency within the meaning of the Public Service Act 1999; (d) an office (including an APS employee's office and any other appointment or position), or the holder of an office. Note: Offices are offices in and for the Commonwealth (see section 21). An example is the office of Secretary of a Department of State. 19E Validity of acts done by Ministers If a Minister purports to exercise a power or perform a function or duty that is conferred or imposed on another Minister by an Act, the exercise of that power or the performance of that function or duty is not invalid merely because the power, function or duty is conferred or imposed on the other Minister. 20 References to holders of appointments, offices and positions in Acts and Commonwealth agreements In a provision of an Act, or of an agreement entered into by or on behalf of the Commonwealth, a reference in general terms to the holder or occupier of an office, appointment or position includes all persons who for the time being: (a) hold or occupy the office, appointment or position; or (b) perform the duties of the office, appointment or position. 21 Office etc. means office etc. of the Commonwealth (1) In any Act: (a) references to any officer or office shall be construed as references to such officer or office in and for the Commonwealth; and (b) references to localities jurisdictions and other matters and things shall be construed as references to such localities jurisdictions and other matters and things in and of the Commonwealth. (2) In this section: office includes a position occupied by an APS employee. officer includes an APS employee. 23 Rules as to gender and number In any Act: (a) words importing a gender include every other gender; and (b) words in the singular number include the plural and words in the plural number include the singular. 25A Production of records kept in computers etc. Where a person who keeps a record of information by means of a mechanical, electronic or other device is required by or under an Act to produce the information or a document containing the information to, or make a document containing the information available for inspection by, a court, tribunal or person, then, unless the court, tribunal or person otherwise directs, the requirement shall be deemed to oblige the person to produce or make available for inspection, as the case may be, a writing that reproduces the information in a form capable of being understood by the court, tribunal or person, and the production of such a writing to the court, tribunal or person