Commonwealth: Acts Interpretation Amendment Act 2011 (Cth)

Acts Interpretation Amendment Act 2011 No. 46, 2011 An Act to amend the Acts Interpretation Act 1901, and for other purposes Contents 1 Short title 2 Commencement 3 Schedule(s) Schedule 1—Main amendments Acts Interpretation Act 1901 Legislative Instruments Act 2003 Schedule 2—Consequential amendments Aboriginal and Torres Strait Islander Act 2005 Aboriginal Land Rights (Northern Territory) Act 1976 Administrative Appeals Tribunal Act 1975 Admiralty Act 1988 Aged Care Act 1997 Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994 Agricultural and Veterinary Chemicals Act 1994 Agricultural and Veterinary Chemicals (Administration) Act 1992 Agricultural and Veterinary Chemicals Code Act 1994 Air Navigation Act 1920 Airports Act 1996 Airports (Transitional) Act 1996 Air Services Act 1995 A New Tax System (Medicare Levy Surcharge—Fringe Benefits) Act 1999 Antarctic Treaty (Environment Protection) Act 1980 Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 Anti‑Personnel Mines Convention Act 1998 Archives Act 1983 Auditor‑General Act 1997 AusCheck Act 2007 Australia Council Act 1975 Australian Astronomical Observatory Act 2010 Australian Broadcasting Corporation Act 1983 Australian Bureau of Statistics Act 1975 Australian Capital Territory Government Service (Consequential Provisions) Act 1994 Australian Capital Territory (Planning and Land Management) Act 1988 Australian Centre for International Agricultural Research Act 1982 Australian Centre for Renewable Energy Act 2010 Australian Communications and Media Authority Act 2005 Australian Crime Commission Act 2002 Australian Curriculum, Assessment and Reporting Authority Act 2008 Australian Federal Police Act 1979 Australian Film, Television and Radio School Act 1973 Australian Hearing Services Act 1991 Australian Human Rights Commission Act 1986 Australian Information Commissioner Act 2010 Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989 Australian Institute of Health and Welfare Act 1987 Australian Institute of Marine Science Act 1972 Australian Law Reform Commission Act 1996 Australian Maritime Safety Authority Act 1990 Australian National Maritime Museum Act 1990 Australian National University Act 1991 Australian Nuclear Science and Technology Organisation Act 1987 Australian Organ and Tissue Donation and Transplantation Authority Act 2008 Australian Passports Act 2005 Australian Postal Corporation Act 1989 Australian Prudential Regulation Authority Act 1998 Australian Radiation Protection and Nuclear Safety Act 1998 Australian Research Council Act 2001 Australian Security Intelligence Organisation Act 1979 Australian Sports Anti‑Doping Authority Act 2006 Australian Sports Commission Act 1989 Australian Trade Commission Act 1985 Australian War Memorial Act 1980 Banking Act 1959 Bankruptcy Act 1966 Bills of Exchange Act 1909 Broadcasting Services Act 1992 Building and Construction Industry Improvement Act 2005 Cancer Australia Act 2006 Chemical Weapons (Prohibition) Act 1994 Child Support (Assessment) Act 1989 Child Support (Registration and Collection) Act 1988 Civil Aviation Act 1988 Civil Aviation (Carriers' Liability) Act 1959 Classification (Publications, Films and Computer Games) Act 1995 COAG Reform Fund Act 2008 Coal Mining Industry (Long Service Leave Funding) Act 1992 Commonwealth Authorities and Companies Act 1997 Commonwealth Electoral Act 1918 Commonwealth Serum Laboratories Act 1961 Competition and Consumer Act 2010 Coordinator‑General for Remote Indigenous Services Act 2009 Copyright Act 1968 Corporations (Aboriginal and Torres Strait Islander) Act 2006 Crimes Act 1914 Crimes at Sea Act 2000 Criminal Code Act 1995 Criminology Research Act 1971 Cross‑Border Insolvency Act 2008 Customs Act 1901 Customs Administration Act 1985 Customs Tariff Act 1995 Defence Act 1903 Defence Force Discipline Act 1982 Defence Force Retirement and Death Benefits Act 1973 Defence Home Ownership Assistance Scheme Act 2008 Defence Housing Australia Act 1987 Dental Benefits Act 2008 Designs Act 2003 Development Allowance Authority Act 1992 Director of Public Prosecutions Act 1983 Disability Discrimination Act 1992 Do Not Call Register Act 2006 Education Services for Overseas Students Act 2000 Environment Protection and Biodiversity Conservation Act 1999 Environment Protection (Sea Dumping) Act 1981 Evidence Act 1995 Excise Tariff Act 1921 Export Control Act 1982 Export Finance and Insurance Corporation Act 1991 Export Market Development Grants Act 1997 Fair Work (Registered Organisations) Act 2009 Family Law Act 1975 Federal Court of Australia Act 1976 Federal Financial Relations Act 2009 Federal Magistrates Act 1999 Financial Management and Accountability Act 1997 Fisheries Administration Act 1991 Fisheries Management Act 1991 Food Standards Australia New Zealand Act 1991 Foreign Proceedings (Excess of Jurisdiction) Act 1984 Freedom of Information Act 1982 Fringe Benefits Tax (Application to the Commonwealth) Act 1986 Fringe Benefits Tax Assessment Act 1986 Future Fund Act 2006 Gene Technology Act 2000 Governance of Australian Government Superannuation Schemes Act 2011 Governor‑General Act 1974 Great Barrier Reef Marine Park Act 1975 Health and Other Services (Compensation) Act 1995 Health Insurance Act 1973 Health Workforce Australia Act 2009 Hearing Services Administration Act 1997 Historic Shipwrecks Act 1976 Income Tax Assessment Act 1936 Income Tax Assessment Act 1997 Independent Contractors Act 2006 Independent National Security Legislation Monitor Act 2010 Industrial Chemicals (Notification and Assessment) Act 1989 Industry Research and Development Act 1986 Infrastructure Australia Act 2008 Inspector‑General of Intelligence and Security Act 1986 Inspector‑General of Taxation Act 2003 Inspector of Transport Security Act 2006 Insurance Act 1973 Intelligence Services Act 2001 Interactive Gambling Act 2001 International Air Services Commission Act 1992 Interstate Road Transport Charge Act 1985 Judges' Pensions Act 1968 Judiciary Act 1903 Law Enforcement Integrity Commissioner Act 2006 Law Officers Act 1964 Life Insurance Act 1995 Liquid Fuel Emergency Act 1984 Maritime Transport and Offshore Facilities Security Act 2003 Medical Indemnity Act 2002 Migration Act 1958 Military Rehabilitation and Compensation Act 2004 Motor Vehicle Standards Act 1989 National Blood Authority Act 2003 National Consumer Credit Protection Act 2009 National Film and Sound Archive Act 2008 National Gallery Act 1975 National Greenhouse and Energy Reporting Act 2007 National Health Act 1953 National Health and Medical Research Council Act 1992 National Health Security Act 2007 National Library Act 1960 National Measurement Act 1960 National Museum of Australia Act 1980 National Transport Commission Act 2003 National Vocational Education and Training Regulator Act 2011 National Water Commission Act 2004 Nation‑building Funds Act 2008 Native Title Act 1993 Navigation Act 1912 Northern Territory Acceptance Act 1910 Nuclear Non‑Proliferation (Safeguards) Act 1987 Offshore Minerals Act 1994 Offshore Petroleum and Greenhouse Gas Storage Act 2006 Olympic Insignia Protection Act 1987 Ombudsman Act 1976 Paid Parental Leave Act 2010 Parliamentary Contributory Superannuation Act 1948 Parliamentary Counsel Act 1970 Patents Act 1990 Payment Systems and Netting Act 1998 Petroleum Resource Rent Tax Assessment Act 1987 Port Statistics Act 1977 Primary Industries and Energy Research and Development Act 1989 Primary Industries (Excise) Levies Act 1999 Privacy Act 1988 Private Health Insurance Act 2007 Productivity Commission Act 1998 Protection of Movable Cultural Heritage Act 1986 Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008 Protection of the Sea (Harmful Anti‑fouling Systems) Act 2006 Protection of the Sea (Powers of Intervention) Act 1981 Public Lending Right Act 1985 Public Service Act 1999 Qantas Sale Act 1992 Quarantine Act 1908 Racial Discrimination Act 1975 Radiocommunications Act 1992 Referendum (Machinery Provisions) Act 1984 Registration of Deaths Abroad Act 1984 Remuneration Tribunal Act 1973 Renewable Energy (Electricity) Act 2000 Reserve Bank Act 1959 Retirement Savings Accounts Act 1997 Rural Adjustment Act 1992 Safety, Rehabilitation and Compensation Act 1988 Safe Work Australia Act 2008 Science and Industry Research Act 1949 Screen Australia Act 2008 Seafarers Rehabilitation and Compensation Act 1992 Sex Discrimination Act 1984 Shipping Registration Act 1981 Skills Australia Act 2008 Small Superannuation Accounts Act 1995 Snowy Hydro Corporatisation Act 1997 Social Security Act 1991 Social Security (Administration) Act 1999 Spam Act 2003 Special Broadcasting Service Act 1991 Special Prosecutors Act 1982 Student Assistance Act 1973 Submarine Cables and Pipelines Protection Act 1963 Superannuation Act 1976 Superannuation Act 1990 Superannuation Act 2005 Superannuation (Government Co‑contribution for Low Income Earners) Act 2003 Superannuation Guarantee (Administration) Act 1992 Superannuation Industry (Supervision) Act 1993 Superannuation (Resolution of Complaints) Act 1993 Surveillance Devices Act 2004 Sydney Harbour Federation Trust Act 2001 Tax Agent Services Act 2009 Taxation Administration Act 1953 Tax Laws Amendment (2009 Measures No. 6) Act 2010 Telecommunications Act 1997 Telecommunications (Consumer Protection and Service Standards) Act 1999 Telecommunications (Interception and Access) Act 1979 Telecommunications (Numbering Charges) Act 1997 Terrorism Insurance Act 2003 Textile, Clothing and Footwear Investment and Innovation Programs Act 1999 Therapeutic Goods Act 1989 Tourism Australia Act 2004 Trade Marks Act 1995 Transport Safety Investigation Act 2003 Veterans' Entitlements Act 1986 War Graves Act 1980 Water Act 2007 Wheat Export Marketing Act 2008 Wine Australia Corporation Act 1980 Schedule 3—Application, saving and transitional provisions Acts Interpretation Amendment Act 2011 No. 46, 2011 An Act to amend the Acts Interpretation Act 1901, and for other purposes [Assented to 27 June 2011] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Acts Interpretation Amendment Act 2011. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 27 June 2011 2. Schedule 1 A single day to be fixed by Proclamation. 27 December 2011 However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 3. Schedule 2, items 1 to 652 At the same time as the provision(s) covered by table item 2. 27 December 2011 4. Schedule 2, items 653 and 654 The later of: 27 December 2011 (a) immediately after the commencement of the provision(s) covered by table item 2; and (paragraph (a) applies) (b) immediately after the commencement of section 36 of the Governance of Australian Government Superannuation Schemes Act 2011. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. 5. Schedule 2, items 655 to 835 At the same time as the provision(s) covered by table item 2. 27 December 2011 6. Schedule 2, item 836 The later of: 27 December 2011 (a) immediately after the commencement of the provision(s) covered by table item 2; and (paragraph (a) applies) (b) immediately after the commencement of section 3 of the National Vocational Education and Training Regulator Act 2011. 7. Schedule 2, items 837 to 1074 At the same time as the provision(s) covered by table item 2. 27 December 2011 8. Schedule 2, items 1075 to 1083 At the same time as the provision(s) covered by table item 2. Do not commence However, if item 183 of Schedule 1 to the Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011 commences at or before that time, the provision(s) do not commence at all. 9. Schedule 2, item 1084 The later of: 27 December 2011 (a) immediately after the commencement of the provision(s) covered by table item 2; and (paragraph (a) applies) (b) immediately after the commencement of item 222 of Schedule 1 to the Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. 10. Schedule 2, items 1085 and 1086 At the same time as the provision(s) covered by table item 2. Do not commence However, if item 234 of Schedule 1 to the Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011 commences at or before that time, the provision(s) do not commence at all. 11. Schedule 2, items 1087 to 1198 At the same time as the provision(s) covered by table item 2. 27 December 2011 12. Schedule 3 At the same time as the provision(s) covered by table item 2. 27 December 2011 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Main amendments Acts Interpretation Act 1901 1 Part I (heading) Repeal the heading, substitute: Part 1—Preliminary 2 After section 1 Insert: 1A Simplified outline The following is a simplified outline of this Act: Overview This Act is like a dictionary and manual to use when reading and interpreting Commonwealth Acts and instruments made under Commonwealth Acts. The definitions and many of the interpretation rules are aimed at making Commonwealth legislation shorter, less complex and more consistent in operation. A provision of this Act is subject to a contrary intention in other Commonwealth legislation. Structure Part 1 provides that this Act applies to all Acts. This Act also applies to legislative instruments and other instruments made under an Act (see subsection 13(1) of the Legislative Instruments Act 2003 and subsection 46(1) of this Act). Part 2 contains definitions that apply across all Commonwealth legislation (for example, Australian citizen, business day, document and month). Part 3 deals with the commencement of Commonwealth Acts. For example, section 4 allows certain powers to be exercised (like the making of appointments) between the enactment and commencement of an Act. Part 4 deals with the amendment, repeal and expiry of Commonwealth legislation. For example, section 7 provides that the repeal of an Act does not affect any rights accrued under the Act, or any legal proceedings instituted, before the repeal. Part 5 contains various rules for interpreting Commonwealth legislation, including: (a) section 15A (about interpreting an Act subject to the Constitution); and (b) section 15AA (which provides for interpreting an Act in a way that best achieves the purpose or object of the Act); and (c) section 15AB (about using material that is not part of an Act (like explanatory memorandums and second reading speeches) in interpreting an Act); and (d) sections 19 to 19C (which deal with references to Ministers, Departments and Secretaries of Departments and with administrative changes in the operation of the Commonwealth Government). Part 6 deals with the service of documents on persons. Part 7 contains rules about exercising powers and performing functions and duties under Commonwealth legislation, including: (a) subsection 33(3) (which provides that a power to make an instrument includes the power to vary or revoke the instrument); and (b) section 33A (about acting appointments); and (c) sections 34AA, 34AB and 34A (about delegating powers, functions and duties). Part 8 deals with the calculation of distance, time and age. Part 9 deals with the citation of Acts. Part 10 deals with non‑legislative instruments. For example, it provides that this Act applies to those instruments and that expressions in those instruments have the same meaning as in the enabling legislation. Part 11 contains a regulation‑making power. 3 Section 2 Repeal the section, substitute: 2 Application of Act (1) This Act applies to all Acts (including this Act). Note: This Act also applies to legislative instruments and other instruments made under an Act: see subsection 13(1) of the Legislative Instruments Act 2003 and subsection 46(1) of this Act. (2) However, the application of this Act or a provision of this Act to an Act or a provision of an Act is subject to a contrary intention. 2A Binding the Crown This Act binds the Crown in each of its capacities. 4 After Part I Insert: Part 2—Definitions 2B Definitions In any Act: acting SES employee has the same meaning as in the Public Service Act 1999. affidavit includes affirmation, declaration and promise. appoint: see section 33AA. APS employee has the same meaning as in the Public Service Act 1999. Australia means the Commonwealth of Australia and, when used in a geographical sense, includes the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands, but does not include any other external Territory. Note: See also section 15B. Australian citizen has the same meaning as in the Australian Citizenship Act 2007. Australian Standard: see section 2L. business day means a day that is not a Saturday, a Sunday or a public holiday in the place concerned. calendar month means one of the 12 months of the year. calendar year means a period of 12 months starting on 1 January. commencement, in relation to an Act or a provision of an Act, means the time at which the Act or provision comes into operation. Note: See also section 3. Commonwealth means the Commonwealth of Australia and, when used in a geographical sense, includes the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands, but does not include any other external Territory. Note: See also section 15B. Consolidated Revenue Fund means the Consolidated Revenue Fund referred to in section 81 of the Constitution. Constitution means the Constitution of the Commonwealth. contiguous zone has the same meaning as in the Seas and Submerged Lands Act 1973. continental shelf has the same meaning as in the Seas and Submerged Lands Act 1973. contravene includes fail to comply with. court exercising federal jurisdiction means any court when exercising federal jurisdiction, and includes a federal court. court of summary jurisdiction means any justice of the peace, or magistrate of a State or Territory, sitting as a court of summary jurisdiction. de facto partner: see section 2D. document means any record of information, and includes: (a) anything on which there is writing; and (b) anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; and (c) anything from which sounds, images or writings can be reproduced with or without the aid of anything else; and (d) a map, plan, drawing or photograph. estate includes any estate, interest, charge, right, title, claim demand, lien or encumbrance at law or in equity. exclusive economic zone has the same meaning as in the Seas and Submerged Lands Act 1973. Executive Council means the Federal Executive Council. external Territory means a Territory, other than an internal Territory, where an Act makes provision for the government of the Territory as a Territory. Note: See also section 15B. federal court means the High Court or any court created by the Parliament. financial year means a period of 12 months starting on 1 July. foreign country means any country (whether or not an independent sovereign state) outside Australia and the external Territories. Gazette means the Commonwealth of Australia Gazette. Government Printer includes any person printing for the Government of the Commonwealth. Note: See also section 17A. Governor of a State: see section 16B. Governor‑General: see section 16A. High Court means the High Court of Australia. individual means a natural person. insolvent under administration has the same meaning as in the Corporations Act 2001. internal Territory means the Australian Capital Territory, the Northern Territory or the Jervis Bay Territory. Jervis Bay Territory means the Territory referred to in the Jervis Bay Territory Acceptance Act 1915. justice of the peace includes a justice of the peace for a State or part of a State or for a Territory. land includes messuages, tenements and hereditaments, corporeal and incorporeal, of any tenure or description, whatever may be the estate or interest in them. law of the Commonwealth: see section 2H. Magistrate: see subsections 16C(2) and (3). Minister or Minister of State means one of the Ministers of State for the Commonwealth. Note: See also section 19. modifications, in relation to a law, includes additions, omissions and substitutions. month: see section 2G. Northern Territory means the Northern Territory of Australia. oath includes affirmation, declaration and promise. Parliament means the Parliament of the Commonwealth. penalty unit, including in relation to a civil penalty provision, has the meaning given by section 4AA of the Crimes Act 1914. person: see section 2C. prescribed means prescribed by the Act or by regulations under the Act. Proclamation means Proclamation by the Governor‑General that is published in the Gazette or entered in the Federal Register of Legislative Instruments established under the Legislative Instruments Act 2003. record includes information stored or recorded by means of a computer. regulations means regulations under the Act. rules of court: see section 2K. seat of Government means the seat of Government of the Commonwealth. SES employee has the same meaning as in the Public Service Act 1999. Sovereign: see section 16. Standards Australia means Standards Australia Limited (ACN 087 326 690). State means a State of the Commonwealth. statutory declaration means a declaration made because of any Act authorising a declaration to be made otherwise than in the course of a judicial proceeding. Stipendiary Magistrate: see subsection 16C(1). swear includes affirm, declare and promise. territorial sea has the same meaning as in the Seas and Submerged Lands Act 1973. Territory, Territory of the Commonwealth, Territory under the authority of the Commonwealth or Territory of Australia means a Territory referred to in section 122 of the Constitution. United Kingdom means the United Kingdom of Great Britain and Northern Ireland. writing includes any mode of representing or reproducing words, figures, drawings or symbols in a visible form. 2C References to persons (1) In any Act, expressions used to denote persons generally (such as "person", "party", "someone", "anyone", "no‑one", "one", "another" and "whoever"), include a body politic or corporate as well as an individual. (2) Express references in an Act to companies, corporations or bodies corporate do not imply that expressions in that Act, of the kind mentioned in subsection (1), do not include companies, corporations or bodies corporate. 2D References to de facto partners For the purposes of a provision of an Act that is a provision in which de facto partner has the meaning given by this Act, a person is the de facto partner of another person (whether of the same sex or a different sex) if: (a) the person is in a registered relationship with the other person under section 2E; or (b) the person is in a de facto relationship with the other person under section 2F. 2E Registered relationships For the purposes of paragraph 2D(a), a person is in a registered relationship with another person if the relationship between the persons is registered under a prescribed law of a State or Territory as a prescribed kind of relationship. 2F De facto relationships (1) For the purposes of paragraph 2D(b), a person is in a de facto relationship with another person if the persons: (a) are not legally married to each other; and (b) are not related by family (see subsection (6)); and (c) have a relationship as a couple living together on a genuine domestic basis. (2) In determining for the purposes of paragraph (1)(c) whether 2 persons have a relationship as a couple, all the circumstances of their relationship are to be taken into account, including any or all of the following circumstances: (a) the duration of the relationship; (b) the nature and extent of their common residence; (c) whether a sexual relationship exists; (d) the degree of financial dependence or interdependence, and any arrangements for financial support, between them; (e) the ownership, use and acquisition of their property; (f) the degree of mutual commitment to a shared life; (g) the care and support of children; (h) the reputation and public aspects of the relationship. (3) No particular finding in relation to any circumstance mentioned in subsection (2) is necessary in determining whether 2 persons have a relationship as a couple for the purposes of paragraph (1)(c). (4) For the purposes of paragraph (1)(c), the persons are taken to be living together on a genuine domestic basis if the persons are not living together on a genuine domestic basis only because of: (a) a temporary absence from each other; or (b) illness or infirmity of either or both of them. (5) For the purposes of subsection (1), a de facto relationship can exist even if one of the persons is legally married to someone else or is in a registered relationship (within the meaning of section 2E) with someone else or is in another de facto relationship. (6) For the purposes of paragraph (1)(b), 2 persons are related by family if: (a) one is the child (including an adopted child) of the other; or (b) one is another descendant of the other (even if the relationship between them is traced through an adoptive parent); or (c) they have a parent in common (who may be an adoptive parent of either or both of them). For this purpose, disregard whether an adoption is declared void or has ceased to have effect. (7) For the purposes of subsection (6), adopted means adopted under the law of any place (whether in or out of Australia) relating to the adoption of children. 2G Months (1) In any Act, month means a period: (a) starting at the start of any day of one of the calendar months; and (b) ending: (i) immediately before the start of the corresponding day of the next calendar month; or (ii) if there is no such day—at the end of the next calendar month. Example 1: A month starting on 15 December in a year ends immediately before 15 January in the next year. Example 2: A month starting on 31 August in a year ends at the end of September in that year (because September is the calendar month coming after August and does not have 31 days). (2) In any Act, a reference to a period of 2 or more months is a reference to a period: (a) starting at the start of a day of one of the calendar months (the starting month); and (b) ending: (i) immediately before the start of the corresponding day of the calendar month that is that number of calendar months after the starting month; or (ii) if there is no such day—at the end of the calendar month that is that number of calendar months after the starting month. Example 1: A reference to 6 months starting on 15 December in a year is a reference to a period starting on that day and ending immediately before 15 June in the next year. Example 2: A reference to 6 months 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. 5 Part II (heading) Repeal the heading, substitute: Part 3—Commencement of Acts 6 Subsection 3(1) Repeal the subsection. Note: The heading to section 3 is replaced by the heading "When Acts come into operation". 7 Subsection 3(2) Omit "(2) Where an Act, or any instrument (including any rules regulations or by‑laws) made granted or issued under a power conferred by an Act,", substitute "If an Act or a provision of an Act". 8 After section 3 Insert: 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. 9 Section 4 Repeal the section, substitute: 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. 10 Section 5 Repeal the section. 11 Section 6 Omit "King's" (wherever occurring), substitute "Sovereign's". Note: The heading to section 6 is altered by omitting "or proclamation". 12 Part III (heading) Repeal the heading, substitute: Part 4—Amendment, repeal and expiry of Acts 13 Sections 7 to 9 Repeal the sections, substitute: 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. 14 Section 10 Omit ", except so far as the contrary intention appears". 15 Paragraph 10(b) Omit "and, where, in connexion with that reference, particular provisions of the repealed Act are referred to, being provisions to which provisions of the re‑enacted Act correspond, the reference to those particular provisions shall be construed as including a reference to those corresponding provisions". 16 At the end of section 10 Add: ; 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. 17 Section 10A Omit ", except so far as the contrary intention appears". 18 Paragraph 10A(b) Omit "and, where, in connection with that reference, particular provisions of the repealed law are referred to, being provisions to which provisions of the re‑enacted or re‑made law correspond, the reference to those particular provisions shall be construed as including a reference to those corresponding provisions". 19 At the end of section 10A Add: ; 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. 20 Section 11 Repeal the section, substitute: 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). 21 Part IV (heading) Repeal the heading, substitute: Part 5—General interpretation rules 22 Sections 13 to 15 Repeal the sections, substitute: 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. 23 Section 15AA Repeal the section, substitute: 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. 24 Section 15AD Repeal the section, substitute: 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. 25 Subsections 15B(1) to (3) Repeal the subsections, substitute: 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. Note: The following heading to subsection 15B(4) is inserted "Definition". 26 Paragraph 15C(b) Omit "except so far as the contrary intention appears,". 27 Part V (heading) Repeal the heading. 28 Section 16 Omit "unless the contrary intention appears". 29 Section 16A Omit ", unless the contrary intention appears," (wherever occurring). 30 Section 16B Omit ", unless the contrary intention appears,". 31 Subsection 16C(2) Omit ", unless the contrary intention appears,". 32 Subsection 16C(3) Omit "Unless the contrary intention appears, a", substitute "A". 33 Sections 17, 17AA and 18 Repeal the sections. 34 Section 18A Omit ", unless the contrary intention appears,". 35 Section 18B Repeal the section, substitute: 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. 36 Section 18C Repeal the section. 37 Paragraph 19A(1)(ab) After "Minister", insert "(including where there is no longer any such Minister)". 38 Subsection 19A(1) Omit ", unless the contrary intention appears,". 39 Subsection 19A(3) Repeal the subsection, substitute: (3) If a provision of an Act: (a) refers to a Department by using the expression "the Department" without specifying which Department is referred to; or (b) refers to a particular Department (including where there is no longer any such Department); then the reference is a reference to: (c) if different Ministers administer the provision in respect of different matters—the Department of State of the Commonwealth that: (i) deals with the relevant matter; and (ii) is administered by the Minister or Ministers administering the provision in respect of that matter; or (d) in any other case—the Department of State of the Commonwealth that: (i) deals with the matters to which the provision relates; and (ii) is administered by the Minister or Ministers administering the provision. 40 Subsections 19B(1), (2) and (3) Omit "on and from the date of the order or such later date as is specified in the order", substitute "on and after the day specified in the order (which may be a day before the order is made)". 41 Subsections 19BA(1), (2) and (3) Omit "on and from the date of the order or such later date as is specified in the order", substitute "on and after the day specified in the order (which may be a day before the order is made)". 42 Subsection 19BB(2) Omit "on and from the date of the order under subsection (1) or such later date as is specified in that order", substitute "on and after the day specified in the order under subsection (1) (which may be a day before that order is made)". 43 After section 19BC Insert: 19BD 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. 44 Section 20 Omit "unless the contrary intention appears". 45 Section 20 After "at any time", insert "hold or". 46 Section 20 Omit "said". 47 Subsection 21(1) Omit ", unless the contrary intention appears". 48 Sections 22 to 22C Repeal the sections. 49 Section 23 Omit ", unless the contrary intention appears". 50 Section 25 Repeal the section. 51 Subsection 25B(1) Omit ", unless the contrary intention appears". 52 Subsection 25B(1A) Omit ", unless the contrary intention appears,". 53 Subsection 25B(2) Omit ", unless the contrary intention appears". 54 Section 25C Omit ", unless the contrary intention appears,". 55 Section 25E Repeal the section. 56 Part VI (heading) Repeal the heading, substitute: Part 6—Service of documents 57 Sections 26 to 28 Repeal the sections. 58 Subsection 28A(1) Omit ", unless the contrary intention appears,". 59 At the end of subsection 28A(1) Add: Note: The Electronic Transactions Act 1999 deals with giving information in writing by means of an electronic communication. 60 Subsection 29(1) Omit "unless the contrary intention appears". 61 Subsection 29(1) Omit "prepaying and posting the document as a letter, and unless the contrary is proved", substitute ", prepaying and posting the document as a letter and, unless the contrary is proved,". 62 Part VII (heading) Repeal the heading, substitute: Part 7—Powers, functions and duties 63 Subsection 33(1) After "a power", insert "or function". Note 1: The heading to section 33 is replaced by the heading "Exercise of powers and performance of functions or duties". Note 2: The following heading to subsection 33(1) is inserted "Powers, functions and duties may be exercised or must be performed as the occasion requires". 64 Subsection 33(1) Omit ", unless the contrary intention appears,". 65 Subsection 33(1) Omit "duty shall be performed", substitute "function or duty must be performed". 66 Subsections 33(2) and (2AA) Repeal the subsections. Note 1: The following heading to subsection 33(2A) is inserted "Meaning of may". Note 2: The following heading to subsection 33(2B) is inserted "Powers, functions and duties of bodies not affected by membership vacancies". 67 Subsection 33(3) After "instrument" (first occurring), insert "of a legislative or administrative character". Note: The following heading to subsection 33(3) is inserted "Power to make instrument includes power to vary or revoke etc. instrument". 68 Subsection 33(3) Omit ", unless the contrary intention appears,". 69 After subsection 33(3) Insert: (3AA) If a condition (the ongoing condition): (a) must be satisfied before the making, granting or issuing of an instrument; and (b) is capable of ceasing to be satisfied after the making, granting or issuing of the instrument; subsection (3) has effect, in relation to the repeal, rescission or revocation of the instrument, as if the reference to like conditions (to the extent that the reference relates to the ongoing condition) were a reference to the ongoing condition ceasing to be satisfied. Example: A Minister may give a person a written permission if, among other things, the Minister is satisfied the person is of good character. This condition is capable of ceasing to be satisfied after the giving of the permission. The Minister may repeal, rescind or revoke the permission in the like manner if the Minister ceases to be satisfied that the person is of good character. 70 Subsection 33(3A) After "instrument" (first occurring), insert "of a legislative or administrative character". Note: The following heading to subsection 33(3A) is inserted "Scope of powers in respect of matters". 71 After subsection 33(3A) Insert: (3AB) If an Act confers on a person or authority the power to make an instrument (except a legislative instrument or a rule of court): (a) specifying, declaring or prescribing a matter; or (b) doing anything in relation to a matter; then, in exercising the power, the person or authority may identify the matter by reference to a class or classes of matters. Note: This provision has a parallel, in relation to legislative instruments, in section 13 of the Legislative Instruments Act 2003. (3AC) For the purposes of subsections (3A) and (3AB), matter includes thing, person and animal. 72 Subsection 33(3B) After "instrument", insert "of a legislative or administrative character". 73 Subsection 33(4) Omit ", unless the contrary intention appears," (wherever occurring). Note: The following heading to subsection 33(4) is inserted "Power to make appointment to an office or place". 74 Subsection 33(4A) Repeal the subsection. Note: The following heading to subsection 33(5) is inserted "Power to make instrument prescribing penalties". 75 After section 33 Insert: 33AA Power to appoint includes power to reappoint If an Act confers on a person or body a power to make an appointment, the power is taken to include a power of reappointment. 33AB Validity of things done under appointments under Acts Anything done by or in relation to a person purporting to act under an appointment (including an acting appointment) under an Act is not invalid merely because: (a) for any appointment—the occasion for the appointment had not arisen; or (b) for any appointment—there was a defect or irregularity in connection with the appointment; or (c) for any appointment—the appointment had ceased to have effect; or (d) for an acting appointment—the occasion to act had not arisen or had ceased. 76 Subsection 33A(2) Repeal the subsection, substitute: Acting by operation of law (2) If a provision of an Act provides for a person to act in a particular office (without the need for an appointment), then, except so far as the Act otherwise provides, while the person is acting in the office: (a) the person has and may exercise all the powers, and must perform all the functions and duties, of the holder of the office; and (b) the Act or any other Act applies in relation to the person as if the person were the holder of the office. (3) Anything done by or in relation to a person purporting to act in the office mentioned in subsection (2) is not invalid merely because the occasion to act had not arisen or had ceased. Definition (4) In this section: office includes a position occupied by an APS employee. Note 1: The heading to section 33A is replaced by the heading "Acting in offices or positions". Note 2: The following heading to subsection 33A(1) is inserted "Acting appointments". 77 At the end of subsection 33B(3) Add "and to form part of any quorum for the meeting". 78 Subsection 33B(4) Repeal the subsection, substitute: (4) The members of a body participating in a meeting for which a permission under subsection (2) is in effect may all participate by a means of communication referred to in that subsection. (5) A meeting for which a permission under subsection (2) is in effect may be held at 2 or more places at the same time. 79 Section 34 After "oath", insert "or affirmation". Note: The heading to section 34 is replaced by the heading "Power to hear and determine a matter includes power to receive evidence and examine witnesses etc.". 80 After section 34 Insert: 34AAA Exercise of powers etc. by holders etc. of offices or positions If an Act confers a power or function or imposes a duty on a person holding or occupying an office or position as such, then the power may be exercised or the function or duty must be performed by the person for the time being holding or occupying the office or position. 81 Before section 34AA Insert: 34AAB Minister may authorise others to perform functions or duties or exercise powers on his or her behalf (1) A Minister (the authorising Minister) who administers (whether alone or jointly with one or more other Ministers) an Act or a provision of an Act may authorise: (a) a Minister who does not administer the Act or provision; or (b) a member of the Executive Council who is not a Minister; to act on behalf of the authorising Minister in the performance of functions or duties, or the exercise of powers, that the authorising Minister may perform or exercise under the Act or provision. (2) An authorisation under subsection (1) in relation to an Act or a provision of an Act extends to the performance of functions or duties, or the exercise of powers, that the authorising Minister may perform or exercise under an instrument (including a regulation, rule or Proclamation) having effect under or for the purposes of the Act or provision. (3) Subject to subsection (4), an authorisation under subsection (1) may be expressed: (a) to have effect only during a period or periods, or during the existence of a circumstance or circumstances, referred to in the authorisation; or (b) to take effect immediately, or at a time referred to in the authorisation, and afterwards to continue to have effect until another person is appointed to the office held by the authorising Minister. (4) An authorisation under subsection (1) may be revoked at any time by the authorising Minister. (5) An authorisation under subsection (1), and the revocation of such an authorisation, must be in writing. (6) This section does not affect the giving, under a power existing apart from this section, of an authorisation to a Minister or other member of the Executive Council to act on behalf of another Minister. 82 Section 34AA After "a function", insert ", duty". Note: The heading to section 34AA is replaced by the heading "Delegation to persons holding, occupying or performing the duties of an office or position". 83 Section 34AA Omit ", unless the contrary intention appears,". 84 Section 34AA After "delegating the function", insert ", duty". 85 Section 34AA After "delegate the function", insert ", duty". 86 Section 34AB Before "Where", insert "(1)". Note: The following heading to subsection 34AB(1) is inserted "General". 87 Section 34AB After "delegate a function", insert ", duty". 88 Paragraphs 34AB(c) and (d) After "a function", insert ", duty". 89 At the end of section 34AB Add: Addition of functions, duties or powers (2) If: (a) a person (the delegator) or body (also the delegator) delegates all the person's or body's functions, duties or powers under an Act, or a provision of an Act, to another person or body; and (b) the Act is amended to give the delegator one or more additional functions, duties or powers under the Act or provision; and (c) the delegation is in force immediately before the amendment takes effect; then, on and after the amendment taking effect, the delegation is taken to include the additional functions, duties or powers. Alteration of functions, duties or powers (3) If: (a) a person or body delegates one or more of the person's or body's functions, duties or powers under an Act, or a provision of an Act, to another person or body; and (b) the Act is amended to alter the scope of one or more of those functions, duties or powers under the Act or provision; and (c) the delegation is in force immediately before the amendment takes effect; then, on and after the amendment taking effect, the delegation is taken to include the functions, duties or powers as altered. 90 Section 34A Repeal the section, substitute: 34A Exercise of powers and performance of functions or duties that depend upon the opinion etc. of delegates If: (a) under an Act, a person's exercise of a power, or a person's performance of a function or duty, is dependent upon the person's opinion, belief or state of mind in relation to a matter; and (b) that power, function or duty has been delegated under that or any other Act; the delegate may exercise that power, or may perform that function or duty, upon the delegate's opinion, belief or state of mind in relation to that matter. 91 Part VIII (heading) Repeal the heading, substitute: Part 8—Distance, time and age 92 Section 35 Omit ", unless the contrary intention appears,". 93 Section 36 Repeal the section, substitute: 36 Calculating time (1) A period of time referred to in an Act that is of a kind mentioned in column 1 of an item in the following table is to be calculated according to the rule mentioned in column 2 of that item: Calculating periods of time Column 1 Column 2 Item If the period of time: then the period of time: 1 is expressed to occur between 2 days includes both days. 2 is expressed to begin at, on or with a specified day includes that day. 3 is expressed to continue until a specified day includes that day. 4 is expressed to end at, on or with a specified day includes that day. 5 is expressed to begin from a specified day does not include that day. 6 is expressed to begin after a specified day does not include that day. 7 is expressed to end before a specified day does not include that day. Example 1: If a claim may be made between 1 September and 30 November, a claim may be made on both 1 September and 30 November. Example 2: If a permission begins on the first day of a financial year, the permission is in force on that day. Example 3: If a licence continues until 31 March, the licence is valid up to and including 31 March. Example 4: If a person's right to make submissions ends on the last day of a financial year, the person may make submissions on that day. Example 5: If a variation of an agreement is expressed to operate from 30 June, the variation starts to operate on 1 July. Example 6: If a decision is made on 2 August and a person has 28 days after the day the decision is made to seek a review of the decision, the 28‑day period begins on 3 August. Example 7: If a person must give a notice to another person at any time during the period of 7 days before the day a proceeding starts and the proceeding starts on 8 May, the notice may be given at any time during the 7‑day period starting on 1 May and ending on 7 May. (2) If: (a) an Act requires or allows a thing to be done; and (b) the last day for doing the thing is a Saturday, a Sunday or a holiday; then the thing may be done on the next day that is not a Saturday, a Sunday or a holiday. Example: If a person has until 31 March to make an application and 31 March is a Saturday, the application may be made on Monday 2 April. (3) In this section: holiday, in relation to the time for doing a thing, means: (a) a day that is a public holiday in the place in which the thing is to be or may be done; and (b) if the thing is to be or may be done at a particular office or other place—a day on which the place or office is closed for the whole day. 94 Section 37 Omit "standard or". 95 At the end of Part VIII Add: 37A Attainment of particular age For the purposes of any Act, the time at which a person attains a particular age expressed in years is the commencement of the relevant anniversary of the date of the birth of that person. 96 Part IX (heading) Repeal the heading, substitute: Part 9—Citation of Acts 97 At the end of section 38 Add: (4) An Act passed by the legislature of a Territory may be referred to by the term "Terri