New South Wales: Interpretation Act 1987 (NSW)

Interpretation Act 1987 No 15 An Act relating to the interpretation, construction, application and operation of the legislation of New South Wales; to enact certain provisions of a common or general nature; to make provision with respect to the exercise of certain statutory functions; and for other purposes. Part 1 Preliminary 1 Name of Act This Act may be cited as the Interpretation Act 1987. 2 Commencement (1) Sections 1 and 2 shall commence on the date of assent to this Act. (2) Subject to this section, this Act shall commence on such day as may be appointed by the Governor and notified by proclamation published in the Gazette. (3) Section 23 shall commence on such day, being a day occurring after the day appointed and notified under subsection (2), as may be appointed by the Governor and notified by proclamation published in the Gazette. (4) Section 81 and Schedule 1 shall commence— (a) on the day appointed and notified under subsection (2), or (b) on the day fixed by proclamation for the purposes of section 2 (2) of the Australian Citizenship Amendment Act 1984 of the Commonwealth, whichever is the later. 3 Definitions (1) In this Act— instrument means an instrument (including a statutory rule or an environmental planning instrument) made under an Act, and includes an instrument made under any such instrument. (2) In this Act— (a) a reference to a function includes a reference to a power, authority and duty, and (b) a reference to the exercise of a function includes, in relation to a duty, a reference to the performance of the duty. (3) The Dictionary in Schedule 4 defines certain terms used in Acts and instruments. 4 Act binds Crown This Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities. 5 Application of Act (1) This Act applies to all Acts and instruments (including this Act) whether enacted or made before or after the commencement of this Act. (2) This Act applies to an Act or instrument except in so far as the contrary intention appears in this Act or in the Act or instrument concerned. (3) Wherever appropriate, this Act applies to a portion of an Act or instrument in the same way as it applies to the whole of an Act or instrument. (4) Nothing in this Act excludes the application to an Act or instrument of a rule of construction applicable to it and not inconsistent with this Act. (5) This section does not authorise a statutory rule to exclude or modify the operation of Part 6 (statutory rules and certain other instruments). (6) The provisions of sections 24, 28, 29, 30, 30B, 33, 42, 43, 69A, 75 and 80 that apply to a statutory rule also apply to an environmental planning instrument. Part 2 Words and expressions 6 Definitions to be read in context Definitions that occur in an Act or instrument apply to the construction of the Act or instrument except in so far as the context or subject-matter otherwise indicates or requires. 7 Cognate words If an Act or instrument defines a word or expression, other parts of speech and grammatical forms of the word or expression have corresponding meanings. 8 Gender and number In any Act or instrument— (a) a word or expression that indicates one or more particular genders shall be taken to indicate every other gender, (b) a reference to a word or expression in the singular form includes a reference to the word or expression in the plural form, (c) a reference to a word or expression in the plural form includes a reference to the word or expression in the singular form, (d) a reference to a person does not exclude a reference to a corporation merely because elsewhere in the Act or instrument there is particular reference to a corporation (in whatever terms expressed), and (e) a reference to a person does not exclude a reference to an individual merely because elsewhere in the Act or instrument there is particular reference to an individual (in whatever terms expressed). 9 Meaning of may and shall (1) In any Act or instrument, the word "may", if used to confer a power, indicates that the power may be exercised or not, at discretion. (2) In any Act or instrument, the word "shall", if used to impose a duty, indicates that the duty must be performed. 10 Construction of amending Acts and instruments Words and expressions that occur in an Act or instrument that amends or repeals some other Act or instrument have the same meanings as they have in the other Act or instrument. 11 Words etc in instruments under an Act have same meanings as in the Act Words and expressions that occur in an instrument have the same meanings as they have in the Act, or in the relevant provisions of the Act, under which the instrument is made. 12 References to New South Wales to be implied (1) In any Act or instrument— (a) a reference to an officer, office or statutory body is a reference to such an officer, office or statutory body in and for New South Wales, and (b) a reference to a locality, jurisdiction or other matter or thing is a reference to such a locality, jurisdiction or other matter or thing in and of New South Wales. (2) In any Act or instrument, a reference to a body constituted by or under an Act or instrument need not include the words "New South Wales" or "of New South Wales" merely because those words form part of the body's name or title. 13 Sovereign and Crown In any Act or instrument— (a) a reference to the Sovereign (whether the words "Her Majesty" or "His Majesty" or any other words are used) is a reference to the Sovereign for the time being, and (b) a reference to the Crown is a reference to the Crown in right of New South Wales. 13A NSW Government agencies and statutory bodies representing the Crown (1) If an Act provides that a body is— (a) a NSW Government agency, or (b) a statutory body representing the Crown, the body has the status, privileges and immunities of the Crown. (2) If an Act provides that a body— (a) is not or does not represent the Crown, or (b) is not a NSW Government agency or a statutory body representing the Crown, the body does not have the status, privileges and immunities of the Crown. (3) This section extends (without limiting its operation)— (a) to a provision that is expressed to be made for the purposes of any Act or more generally, and (b) to privileges and immunities conferred by law expressly or as a matter of construction. (4) In any Act or instrument— (a) a reference to a NSW Government agency includes a reference to a body that is declared to be a statutory body representing the Crown, or (b) a reference to a statutory body representing the Crown includes a reference to a body that is declared to be a NSW Government agency. (5) In this section, the Crown includes the State and the Government of the State. 14 Governor In any Act or instrument, a reference to the Governor is a reference to the Governor with the advice of the Executive Council, and includes a reference to any person for the time being lawfully administering the Government. 15 Minister (1) In any Act or instrument— (a) a reference to a Minister is a reference to a Minister of the Crown, and (b) a reference to a particular Minister includes a reference to any other Minister who is acting for or on behalf of the Minister. (2) In any Act, a reference to "the Minister" is a reference to— (a) the Minister administering the Act, (b) if different Ministers are administering the Act in different respects—the Minister administering the Act in the relevant respect, (c) if different Ministers are administering different portions of the Act—the Minister administering the relevant portion of the Act, or (d) if paragraphs (b) and (c) do not apply and 2 or more Ministers are administering that Act or a portion of that Act—any one of the Ministers administering the Act or portion of the Act. (3) In any instrument, a reference to "the Minister" is a reference to— (a) the Minister administering the Act under which the instrument is made, (b) if different Ministers are administering that Act in different respects—the Minister administering that Act in the respect in relation to which the instrument is made, (c) if different Ministers are administering different portions of that Act—the Minister administering the portion of that Act under which the instrument is made, or (d) if paragraphs (b) and (c) do not apply and 2 or more Ministers are administering that Act or a portion of that Act—any one of the Ministers administering the Act or the portion of the Act under which the instrument is made. (4) In an Act or instrument, a reference to the Minister administering another Act means— (a) the Minister administering the other Act, or (b) if different Ministers are administering the other Act in different respects—the Minister administering the other Act in the relevant respect, or (c) if different Ministers are administering different portions of the other Act—the Minister administering the relevant portion of the other Act, or (d) if paragraphs (b) and (c) do not apply and 2 or more Ministers are administering the other Act or a portion of the other Act—any 1 of the Ministers administering the other Act or portion of the other Act. 16 British subjects and aliens (1) In any Act or instrument— (a) a reference to a British subject, or to a natural-born or naturalised subject of Her Majesty or to any other similar expression, is a reference to— (i) an Australian citizen, or (ii) any other person who would, had the relevant Commonwealth law continued in force, be a person who has the status of a British subject or the status of a British subject without citizenship, and (b) a reference to an alien is a reference to a person who would, had the relevant Commonwealth law continued in force, be a person who is an alien within the meaning of that law. (2) If a rule of law applies to or in relation to, or has effect with respect to, a British subject, the rule of law shall apply to or in relation to, or have effect with respect to— (a) an Australian citizen, and (b) any other person who would, had the relevant Commonwealth law continued in force, be a person who has the status of a British subject or the status of a British subject without citizenship, as if the Australian citizen or other person were a British subject. (3) If a rule of law applies to or in relation to, or has effect with respect to, an alien, the rule of law shall apply to or in relation to, or have effect with respect to, a person who would, had the relevant Commonwealth law continued in force, be a person who is an alien within the meaning of that law. (4) In this section, a reference to the relevant Commonwealth law is a reference to— (a) the Australian Citizenship Act 1948 of the Commonwealth, as in force immediately before the commencement of this subsection, and (b) the regulations in force immediately before the commencement of this subsection under the Australian Citizenship Act 1948 of the Commonwealth, as so in force. 17 Public Seal of the State In any Act or instrument, a reference to— (a) the Great Seal of the State, or (b) the Seal of the State, shall be read as a reference to the Public Seal of the State. 18 Sitting days In any Act or statutory rule— (a) a reference to a sitting day, in relation to a House of Parliament, is a reference to a day on which the House actually sits, and (b) a reference to a number of sitting days, in relation to a House of Parliament, is a reference to that number of sitting days, regardless of whether those days occur within the same or within different sessions of Parliament. 18A Tabling of documents (1) In an Act or statutory rule, a reference to tabling a document in a House of Parliament includes taking any action allowed or required under the Standing Rules or Orders of the House to table the document when the House is not sitting. (2) This section applies in relation to the tabling of a document before or after the commencement of this section. 19 Holders of offices (1) In any Act or instrument, a reference to a particular officer or to the holder of a particular office includes a reference to the person for the time being occupying or acting in the office concerned. (2) The office of chairperson, chairman or chairwoman may be referred to by whichever of those words is appropriate in relation to the particular holder of that office. 20 References to statutory rules etc In any Act— by-law means a by-law made under the Act in which that word occurs. ordinance means an ordinance made under the Act in which that word occurs. prescribed means prescribed by, or by a statutory rule made under, the Act in which that word occurs. regulation means a regulation made under the Act in which that word occurs. rule means a rule made under the Act in which that word occurs. 21 References to Colony and punishments for offences (1) (Renumbered as Schedule 4) (2) In any Act passed before the commencement of this Act, and in any instrument made under such an Act— Colony, in relation to any part of Australia, means the State or Territory that corresponds to that part of Australia. the Colony means the State of New South Wales. (3) In any Act or instrument— (a) a reference to an offence that is punishable by imprisonment for a specified term or more includes a reference to a common law offence, and (b) a reference to an offence that is punishable by imprisonment for a specified term or more includes a reference to an offence punishable by imprisonment for life. 21A, 21B (Repealed) 21C References to de facto partners and de facto relationships (1) Meaning of "de facto partner" For the purposes of any Act or instrument, 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 or interstate registered relationship with the other person within the meaning of the Relationships Register Act 2010, or (b) the person is in a de facto relationship with the other person. (2) Meaning of "de facto relationship" For the purposes of any Act or instrument, a person is in a de facto relationship with another person if— (a) they have a relationship as a couple living together, and (b) they are not married to one another or related by family. A de facto relationship can exist even if one of the persons is legally married to someone else or in a registered relationship or interstate registered relationship with someone else. (3) Determination of "relationship as a couple" In determining whether 2 persons have a relationship as a couple for the purposes of subsection (2), all the circumstances of the relationship are to be taken into account, including any of the following matters that are relevant in a particular case— (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 property, (f) the degree of mutual commitment to a shared life, (g) the care and support of children, (h) the performance of household duties, (i) the reputation and public aspects of the relationship. No particular finding in relation to any of those matters is necessary in determining whether 2 persons have a relationship as a couple. (4) Meaning of "related by family" For the purposes of subsection (2), 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 (including an adoptive parent of either or both of them). (5) Subsection (4) applies— (a) even if an adoption has been declared void or is of no effect, and (b) to adoptions under the law of any place (whether in or out of Australia) relating to the adoption of children. (6) Subsection (4) applies in relation to a child whose parentage is transferred as a result of a parentage order, or an Interstate parentage order, within the meaning of the Surrogacy Act 2010 in the same way as it applies in relation to an adopted child, even if the parentage order is discharged or otherwise ceases to have effect. For that purpose, a reference in that subsection to an adoptive parent is to be read as a reference to a person to whom the parentage of a child is transferred under such a parentage order. 21D References to health practitioners (1) In any Act or instrument, a reference to a named class of health practitioner in a health profession within the meaning of the Health Practitioner Regulation National Law (NSW) means a person who, under that Law, is registered (other than as a student) and is authorised to use that name. (2) However, if the reference is to a registered nurse this is taken not to include a reference to a person who is registered under that Law as an enrolled nurse. Part 3 Commencement of Acts and instruments 22 References to enactment etc of Acts (1) In any Act or instrument, a reference to the enactment of an Act or the passing of an Act is a reference to the fact of the Act's having received the Royal Assent. (2) The date purporting to be the date of assent to an Act, as appearing on a copy of the Act published on the NSW legislation website, is admissible in any legal proceedings as evidence of the date of assent to the Act. 23 Commencement of Acts (1) An Act shall commence, or shall be deemed to have commenced— (a) except as provided by paragraphs (b) and (c)—on the day occurring 28 days after the date of assent to the Act, (b) if the Act provides for its commencement, whether by proclamation under the Act or otherwise—on the day or days specified in, or ascertained in accordance with, that provision, or (c) if a day is appointed for its commencement by a proclamation under subsection (2)—on the day so appointed. (2) The Governor may, by proclamation, appoint a day for the commencement of an Act that does not provide for its commencement, being a day that occurs— (a) no earlier than the date of assent to the Act, and (b) no later than the day occurring 28 days after the date of assent to the Act. (3) A power to appoint by proclamation a day on which an Act shall commence does not include power to appoint a day prior to the day on which the proclamation appointing the day is published. (4) A power to appoint by proclamation a day on which an Act shall commence does not include power to appoint different days for different portions of the Act unless express provision is made in the Act for that purpose. (4A) A power to appoint by proclamation different days for the commencement of different portions of an Act includes the power to appoint different days for the commencement of the repeal of different portions of any previous Act or instrument repealed by a provision of the Act. (5) A proclamation appointing a day on which an Act shall commence does not fail merely because the proclamation is not published until after that day but, in that event, the Act shall not commence on that day but shall commence— (a) except as provided by paragraph (b)—on the day on which the proclamation is published, or (b) in the case of a proclamation under subsection (2)— (i) on the day on which the proclamation is published, or (ii) on the day on which the Act would have commenced had the proclamation not been made, whichever is the earlier. (6) An Act may be referred to by its short title (or name) even though the provision that specifies the short title (or name) has not commenced. (7) If an Act provides for its commencement, whether by proclamation under the Act or otherwise— (a) that provision has effect for the purposes of subsection (1) (b), and (b) in the case of an Act that provides for its commencement by proclamation under the Act—such a proclamation may be made and shall have effect, even though that provision has not commenced. (8) In this section, published means published on the NSW legislation website. 24 Time of commencement of Acts and statutory rules If an Act or statutory rule provides that it shall commence, or be deemed to have commenced, on a particular day, it shall commence, or be deemed to have commenced, at the beginning of that day. 25 References to commencement of Acts and instruments If an Act or instrument provides that all of its provisions, with specified exceptions, shall commence, or be deemed to have commenced, at the same time, a reference in any other Act or instrument to the commencement of the firstmentioned Act or instrument shall be read as a reference to the commencement of all of its provisions, with those specified exceptions. 26 Exercise of certain powers between enactment and commencement of Acts and making and commencement of instruments (1) If an Act (in this section referred to as the Act concerned) that does not commence on its enactment would, had it commenced— (a) confer a power, or (b) amend some other Act in such a manner that the other Act, as amended, would confer a power, that must or may be exercised by the making of an instrument of a legislative or administrative character, then— (c) such an instrument may be made, and (d) any thing may be done for the purpose of enabling such an instrument to be made or of bringing such an instrument into effect, before the Act concerned commences, as if the Act concerned had commenced. (2) A provision of an instrument made by virtue of subsection (1) shall take effect— (a) on the day on which the Act concerned commences, or (b) on the day on which the provision would have taken effect had the Act concerned commenced when the instrument was made, whichever is the later. (3) If— (a) this section applies to an Act that would, had it commenced, amend some other Act as referred to in subsection (1) (b), and (b) the other Act has not commenced, this section has effect as if the references in subsections (1) and (2) to the commencement of the Act concerned were references to the commencement of the other Act, as amended by the Act concerned. (4) This section applies to an instrument that does not commence on its making in the same way as it applies to an Act that does not commence on its enactment. For that purpose, a reference in this section to an amendment of some other Act includes a reference to an amendment of some other instrument. Part 4 Amendments and repeals 27 Acts may be amended etc in the same session of Parliament An Act may be amended or repealed in the same session of Parliament as that in which it was passed. 28 Repealed Acts and statutory rules not revived An Act or statutory rule that has been repealed by some other Act or statutory rule is not revived merely because the other Act or statutory rule is subsequently amended or repealed or subsequently ceases to have effect. 29 Repealed Acts and statutory rules continue in force If an Act or statutory rule repeals some or all of the provisions of some other Act or statutory rule and enacts new provisions in substitution for the repealed provisions, the repealed provisions continue in force until the new provisions commence. 29A Revocation of repeal of Acts and instruments (1) The Governor may, by proclamation published on the NSW legislation website, revoke the repeal of an Act or instrument if the revocation of the repeal is authorised by this section. In that case, the Act or instrument is taken not to be, and never to have been, repealed. (2) The revocation of the repeal of an Act or instrument is authorised only if, at the time of the repeal, the Act or instrument effecting the repeal— (a) stated that this section applied to the repeal or otherwise authorised the Governor to revoke the repeal, or (b) described the repeal (in a heading or otherwise) as the repeal of redundant, spent or unnecessary Acts or instruments. (3) The revocation of the repeal of an Act or instrument under this section does not operate so as— (a) to affect in a manner prejudicial to any person (other than the State or an authority of the State) the rights of that person existing before the revocation of the repeal, or (b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the revocation of the repeal. 30 Effect of amendment or repeal of Acts and statutory rules (1) The amendment or repeal of an Act or statutory rule does not— (a) revive anything not in force or existing at the time at which the amendment or repeal takes effect, or (b) affect the previous operation of the Act or statutory rule or anything duly suffered, done or commenced under the Act or statutory rule, or (c) affect any right, privilege, obligation or liability acquired, accrued or incurred under the Act or statutory rule, or (d) affect any penalty incurred in respect of any offence arising under the Act or statutory rule, or (e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability or penalty, and any such penalty may be imposed and enforced, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, as if the Act or statutory rule had not been amended or repealed. (2) Without limiting the effect of subsection (1), the amendment or repeal of an Act or statutory rule does not affect— (a) the proof of any past act or thing, or (b) any right, privilege, obligation or liability saved by the operation of the Act or statutory rule, or (c) any amendment or validation made by the Act or statutory rule, or (d) the operation of any savings or transitional provision contained in the Act or statutory rule. (3) This section applies to the amendment or repeal of an Act or statutory rule in addition to, and without limiting the effect of, any provision of the Act or statutory rule by which the amendment or repeal is effected. (4) In this section, a reference to the amendment or repeal of an Act or statutory rule includes— (a) a reference to the expiration of the Act or statutory rule, (b) a reference to an amendment or repeal of the Act or statutory rule effected by implication, (c) a reference to the abrogation, limitation or extension of the effect of the Act or statutory rule, and (d) a reference to— (i) the exclusion from the application of the Act or statutory rule, or (ii) the inclusion within the application of the Act or statutory rule, of any person, subject-matter or circumstance. 30A Transferred provisions (1) This section applies where a provision is transferred from an Act or statutory rule to another Act or statutory rule and an Act or statutory rule states that the provision is a transferred provision to which this section applies. (2) The transfer does not affect the operation (if any) or meaning of the provision, and accordingly the provision is to be construed as if it had not been so transferred. (3) This section applies whether or not the provision is modified, but has effect subject to any such modification. 30B Effect of amendment of instrument by an Act The amendment of an instrument by an Act does not prevent its later amendment or repeal by another instrument. 30C Automatic repeal of amending Acts that have commenced (1) In this section— amending Act means— (a) a whole Act that directly amends or repeals other Acts or instruments and that contains no other provisions apart from ancillary provisions, or (b) a section or subsection of an Act, a schedule or subschedule to an Act or a provision of any such schedule or subschedule that directly amends or repeals other Acts or instruments and that contains no other provisions apart from ancillary provisions. ancillary provision of an amending Act means the long title of the Act, a preamble to the Act, a provision that specifies the short title or name of the Act, a provision that provides for the commencement of the Act, a provision that declares that notes in the Act do not form part of the Act or a provision that gives effect to or describes a schedule to the Act. (2) An amending Act is repealed on the day after all of its provisions have commenced (except as provided by subsection (3)). (3) If an amending Act commences before the date of assent, the amending Act is repealed on the day after the date of assent. (4) The repeal by this section of an amending Act does not, because of the operation of section 30, affect any amendment or repeal made by the amending Act. (5) This section does not apply to an amending Act that makes provision for the repeal of the amending Act. (6) This section applies only to an amending Act enacted after 1 January 2009. 30D Time of repeal of Acts and instruments If an Act or instrument, or a provision of an Act or instrument, is repealed on a day, the Act or instrument, or provision, is repealed at the beginning of the day. Part 5 Construction of Acts and instruments 31 Acts and instruments to be construed so as not to exceed the legislative power of Parliament (1) An Act or instrument shall be construed as operating to the full extent of, but so as not to exceed, the legislative power of Parliament. (2) If any provision of an Act or instrument, or the application of any such provision to any person, subject-matter or circumstance, would, but for this section, be construed as being in excess of the legislative power of Parliament— (a) it shall be a valid provision to the extent to which it is not in excess of that power, and (b) the remainder of the Act or instrument, and the application of the provision to other persons, subject-matters or circumstances, shall not be affected. (3) This section applies to an Act or instrument in addition to, and without limiting the effect of, any provision of the Act or instrument. 32 Instruments to be construed so as not to exceed the powers conferred by the Acts under which they are made (1) An instrument shall be construed as operating to the full extent of, but so as not to exceed, the power conferred by the Act under which it is made. (2) If any provision of an instrument, or the application of any such provision to any person, subject-matter or circumstance, would, but for this section, be construed as being in excess of the power conferred by the Act under which it is made— (a) it shall be a valid provision to the extent to which it is not in excess of that power, and (b) the remainder of the instrument, and the application of the provision to other persons, subject-matters or circumstances, shall not be affected. (3) This section applies to an instrument in addition to, and without limiting the effect of, any provision of the instrument or of the Act under which it is made. 33 Regard to be had to purposes or objects of Acts and statutory rules In the interpretation of a provision of an Act or statutory rule, a construction that would promote the purpose or object underlying the Act or statutory rule (whether or not that purpose or object is expressly stated in the Act or statutory rule or, in the case of a statutory rule, in the Act under which the rule was made) shall be preferred to a construction that would not promote that purpose or object. 34 Use of extrinsic material in the interpretation of Acts and statutory rules (1) In the interpretation of a provision of an Act or statutory rule, if any material not forming part of the Act or statutory rule 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 or statutory rule and the purpose or object underlying the Act or statutory rule and, in the case of a statutory rule, the purpose or object underlying the Act under which the rule was made), or (b) to determine the meaning of the provision— (i) if the provision is ambiguous or obscure, or (ii) if the ordinary meaning conveyed by the text of the provision (taking into account its context in the Act or statutory rule and the purpose or object underlying the Act or statutory rule and, in the case of a statutory rule, the purpose or object underlying the Act under which the rule was made) leads to a result that is manifestly absurd or is unreasonable. (2) Without limiting the effect of subsection (1), the material that may be considered in the interpretation of a provision of an Act, or a statutory rule made under the 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 published on the NSW legislation website, (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 Parliament before the provision was enacted or made, (c) any relevant report of a committee of Parliament or of either House of Parliament before the provision was enacted or made, (d) any treaty or other international agreement that is referred to in the Act, (e) any explanatory note or memorandum relating to the Bill for the Act, or any other relevant document, that was laid before, or furnished to the members of, either House of Parliament by a Minister or other member of Parliament introducing the Bill before the provision was enacted or made, (f) the speech made to a House of Parliament by a Minister or other member of Parliament on the occasion of the moving by that Minister or member of a motion that the Bill for the Act 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 Minutes of Proceedings or the Votes and Proceedings of either House of Parliament or in any official record of debates in Parliament or either House of Parliament. (3) In determining whether consideration should be given to any material, or in considering the weight to be given to any 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 or statutory rule and the purpose or object underlying the Act or statutory rule and, in the case of a statutory rule, the purpose or object underlying the Act under which the rule was made), and (b) the need to avoid prolonging legal or other proceedings without compensating advantage. 34A Declaration of validity of certain laws Each provision of an Act or statutory rule enacted or made, or purporting to have been enacted or made, before the commencement of the Australia Acts— (a) has the same effect as it would have had, and (b) is as valid as it would have been, if the Australia Acts had been in operation at the time of its enactment or making, or purported enactment or making. 35 Headings etc (1) Headings to provisions of an Act or instrument, being headings to— (a) Chapters, Parts, Divisions or Subdivisions into which the Act or instrument is divided, or (b) Schedules to the Act or instrument, shall be taken to be part of the Act or instrument. (2) Except as provided by subsections (3) and (4)— (a) a heading to a provision of an Act or instrument (not being a heading referred to in subsection (1)), (b) matter within a provision of an Act or instrument (being matter in parentheses that merely sets out a heading to or describes the effect of some other provision of the Act or instrument or of some other Act or instrument), or (c) a marginal note, footnote or endnote in an Act or instrument, shall be taken not to be part of the Act or instrument. (3) A heading to a provision of an Act or instrument (not being a heading referred to in subsection (1)) shall be taken to be part of the Act or instrument if, immediately before 1 February 1981 (being the date on which section 3 of the Interpretation (Amendment) Act 1980 commenced), it was part of the Act or instrument. (4) A heading to a provision of an Act or instrument (not being a heading referred to in subsection (1)), or a marginal note, footnote or endnote in an Act or instrument, shall be taken to be part of the Act or instrument if— (a) it is referred to expressly, otherwise than by means of matter within some other provision of the Act or instrument (being matter in parentheses that merely sets out a heading to or describes the effect of the firstmentioned provision) or by means of a symbol, in some other part of the Act or instrument, or (b) not being so referred to, it is a heading, marginal note, footnote or endnote to a table or form in the Act or instrument. (4A) The number of a section, subsection, clause or subclause of an Act or instrument is taken to be part of the Act or instrument even though it appears in a heading to the section, subsection, clause or subclause. (5) This section does not limit the application of section 34 in relation to the use of any heading, marginal note, footnote or endnote in the interpretation of the provision to which the heading, marginal note, footnote or endnote relates. 36 Reckoning of time (1) If in any Act or instrument a period of time, dating from a given day, act or event, is prescribed or allowed for any purpose, the time shall be reckoned exclusive of that day or of the day of that act or event. (2) If the last day of a period of time prescribed or allowed by an Act or instrument for the doing of any thing falls— (a) on a Saturday or Sunday, or (b) on a day that is a public holiday or bank holiday in the place in which the thing is to be or may be done, the thing may be done on the first day following that is not a Saturday or Sunday, or a public holiday or bank holiday in that place, as the case may be. (3) If in any Act or instrument a period of time is prescribed or allowed for the doing of any thing and a power is conferred on any person or body to extend the period of time— (a) that power may be exercised, and (b) if the exercise of that power depends on the making of an application for an extension of the period of time—such an application may be made, after the period of time has expired. 37 Age For the purposes of any Act or instrument, a person attains an age in years at the beginning of the person's birthday for that age. 38 Measurement of distance In the measurement of any distance— (a) for the purposes of any Act passed before the commencement of this Act, or any instrument made under such an Act, the distance shall be measured according to the nearest route ordinarily used in travelling, and (b) for the purposes of any Act passed after the commencement of this Act, or any instrument made under such an Act, the distance shall be measured in a straight line on a horizontal plane. Part 6 Statutory rules and certain other instruments 39 The making of statutory rules (1) A statutory rule— (a) shall be published on the NSW legislation website, and (b) commences on the day on which it is so published or, if a later day is specified in the rule for that purpose, on the later day so specified. (2) Subsection (1) does not prevent a statutory rule from specifying different days for the commencement of different portions of the rule. (2A) Neither the whole nor any part of a statutory rule is invalid merely because (without statutory authority) the statutory rule is published on the NSW legislation website after the day on which one or more of its provisions is or are expressed to commence. In that case, that or those provisions commence on the day the statutory rule is published on the NSW legislation website, instead of on the earlier day. (3) If an Act provides for the making of a statutory rule by a person or body other than the Governor, but the rule is required by law to be approved or confirmed by the Governor, subsections (1) and (2A) do not apply to the rule unless it has been approved or confirmed as so required. (4) The Governor may, by order published on the NSW legislation website, exclude any specified class of statutory rules from the application of this section, but may do so only— (a) in respect of statutory rules made under Acts passed before the commencement of this Act, and (b) if, immediately before the commencement of this Act, section 41 of the Interpretation Act 1897 did not apply to statutory rules of that class. (5) This section does not apply to the Standing Rules and Orders of the Legislative Council and Legislative Assembly. 40 Notice of statutory rules to be tabled (1) Written notice of the making of a statutory rule must be laid before each House of Parliament within 14 sitting days of that House after the day on which it is published on the NSW legislation website. (2) A written notice is to identify the statutory rule to which it relates. (3) A written notice shall identify a statutory rule by reference to— (a) the Act under which it is made, and (b) its citation (if any), but need not refer to this Act merely because of the operation of section 26 or 43 in relation to the making of the statutory rule. (3A) A written notice may be laid before a House of Parliament by a Minister or by the Clerk of that House. (4) Failure to lay a written notice before each House of Parliament in accordance with this section does not affect the validity of a statutory rule, but such a notice must nevertheless be laid before each House. (5) Any provision of an Act that relates to the laying before each House of Parliament of statutory rules made under the Act is of no effect. (6) This section does not apply to the Standing Rules and Orders of the Legislative Council and Legislative Assembly. 41 Disallowance of statutory rules (1) Either House of Parliament may pass a resolution disallowing a statutory rule— (a) at any time before the relevant written notice is laid before the House, or (b) at any time after the relevant written notice is laid before the House, but only if notice of the resolution was given within 15 sitting days of the House after the relevant written notice was so laid. (2) On the passing of a resolution disallowing a statutory rule, the rule shall cease to have effect. (3) The disallowance of a statutory rule has the same effect as a repeal of the rule. (4) If— (a) a statutory rule ceases to have effect by virtue of its disallowance, and (b) the rule amended or repealed some other Act or statutory rule that was in force immediately before the rule took effect, the disallowance of the rule has the effect of restoring or reviving the other Act or statutory rule, as it was immediately before it was amended or repealed, as if the rule had not been made. (5) The restoration or revival of an Act or statutory rule pursuant to subsection (4) takes effect on the day on which the statutory rule by which it was amended or repealed ceases to have effect. (6) This section applies to a portion of a statutory rule in the same way as it applies to the whole of a statutory rule. (7) Any provision of an Act that relates to the disallowance of statutory rules made under the Act is of no effect. (8) This section does not apply to the Standing Rules and Orders of the Legislative Council and Legislative Assembly. (9) This section does not limit any provision of an Act (for example, section 14A (6) of the Constitution Act 1902) that provides that a statutory rule shall not cease to have effect upon its disallowance by either House of Parliament unless it has previously been disallowed by the other House of Parliament. 42 Matters for which statutory rules may make provision (1) If an Act authorises or requires provision to be made for or with respect to any matter by a statutory rule, such a rule may make provision for or with respect to that matter by applying, adopting or incorporating, with or without modification, the provisions of any Act or statutory rule or of any other publication, whether of the same or of a different kind. (2) A statutory rule may— (a) apply generally or be limited in its application by reference to specified exceptions or factors, (b) apply differently according to different factors of a specified kind, or (c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body, or may do any combination of those things. (3) This section applies to a statutory rule in addition to, and without limiting the effect of, any provision of the Act under which the rule is made. (4) The Governor may, by order published in the Gazette, exclude any specified class of statutory rules from the application of subsection (1) or (2), but may do so only in respect of statutory rules made under Acts passed before the commencement of this Act. 43 Implied power to amend or repeal statutory rules and orders (1) If an Act confers a power on any person or body to make a statutory rule, the power includes power to amend or repeal any statutory rule made in the exercise of that power. (2) If an Act or statutory rule confers a power on any person or body to make an order (whether or not the order must be in writing), the power includes power to amend or repeal any order made in the exercise of that power. (3) If the power of a person or body to make a statutory rule or order is exercisable only on the recommendation, or with the approval or consent, of some other person or body, the power to amend or repeal a statutory rule or order made in the exercise of that power is exercisable only on the recommendation, or with the approval or consent, of that other person or body. 44 (Repealed) 45 Presumption of validity of certain instruments (1) It shall be presumed, in the absence of evidence to the contrary, that all conditions and preliminary steps precedent to the making of an instrument have been complied with and performed. (2) In this section— instrument means— (a) an instrument— (i) that is made by the Governor, or (ii) that is made by a person or body other than the Governor, but is required by law to be approved or confirmed by the Governor, or (b) a rule of court, or (c) an environmental planning instrument, being an instrument or rule of court that is required by law to be published on the NSW legislation website or in the Gazette. 45A Tabling of instruments An instrument that, under any other Act, may or must be tabled in a House of Parliament (without any indication as to who is authorised or required to table it) may be laid before the House by a Minister or the Clerk of the House. This section does not affect any other way in which the instrument can be laid before the House. Part 6A Publication of legislation 45B Definitions In this Part— legislation means— (a) an Act or instrument of this jurisdiction, or (b) a law of another jurisdiction that, under such an Act or instrument, applies as a law of New South Wales, or (c) a publication applied, adopted or incorporated by such an Act or instrument by way of reference, and includes a portion of any such legislation. 45C Publication on NSW legislation website (1) The Parliamentary Counsel may publish on the NSW legislation website under the authority of the Government— (a) legislation (as originally made or as amended), and (a1) the Gazette (as individual gazette notices or as a collection of gazette notices), and (b) other matter (including information relating to legislation and any matter authorised by law to be published on the website). (2) Legislation, the Gazette or other matter is published on the NSW legislation website— (a) if it is made accessible in full on that website, or (b) if notice of its making, issue or other production is made accessible on that website and it is made accessible separately in full on that website or in any other identified location. (3) The date on which legislation, the Gazette or other matter is published on the NSW legislation website is the date notified by the Parliamentary Counsel as the date of its publication (being not earlier than the date on which it was first made so accessible). (4) If legislation, the Gazette or other matter cannot for technical or other reasons be published on the NSW legislation website at a particular time, the legislation, the Gazette or other matter may be published at that time in such other manner as the Parliamentary Counsel determines and published on that website as soon as practicable thereafter. In that case, it is taken to have been published on that website at that earlier time. (5) The Parliamentary Counsel is to compile and maintain a database of legislation or Gazettes published on the NSW legislation website, and may certify the form of legislation or Gazettes so published that is correct. (6) For the purpose of facilitating public access to instruments on the NSW legislation website, the Parliamentary Counsel may determine the following matters— (a) the requirements for lodging instruments required to be published on that website, (b) standard technical requirements with respect to the drafting or form of those instruments. 45D (Repealed) 45E Style changes, roman numerals, colons and dashes (cf former ss 9D and 9F of Reprints Act 1972) (1) Legislation may be published under this Part— (a) with the omission of the enacting formula, and (b) with the omission of any comma before or after the year in the short title or citation of the legislation (or in references to the short title or citation of legislation of this or any other jurisdiction), and (c) with the omission of inverted commas around the short title or citation of legislation, and (d) with other changes to the format (but not to the text) of legislation so as to conform to current styles in the State. (2) For the purposes of publication under this Part and for all other purposes— (a) roman numerals in legislation may be regarded as being interchangeable with the corresponding arabic numerals, and (b) colons in legislation may be regarded as being interchangeable with dashes. Part 7 Exercise of statutory functions 46 Appointments may be made by name or by office (1) If an Act or instrument confers a power on any person or body— (a) to appoint a person to an office, (b) to appoint a person or body to exercise a function, or (c) to appoint a person or body to do any other thing, the person or body may make the appointment by appointing a person or body by name or by appointing a particular officer or the holder of a particular office by reference to the title of the office concerned. (2) Any appointment of a particular officer or the holder of a particular office shall be taken to be the appointment of the person for the time being occupying or acting in the office concerned. 47 Powers of appointment imply certain incidental powers (1) If an Act or instrument confers a power on any person or body to appoint a person to an office— (a) the power may be exercised from time to time, as occasion requires, and (b) the power includes— (i) power to remove or suspend, at any time, a person so appointed, (ii) power to appoint some other person to act in the office of a person so removed or suspended, (iii) power to appoint a person to act in a vacant office, whether or not the office has ever been filled, and (iv) power to appoint a person to act in the office of a person who is absent from that office, whether because of illness or otherwise. (2) The power to remove or suspend a person under subsection (1) (b) may be exercised even if the Act or instrument under which the person was appointed provides that a holder of the office to which the person was appointed shall hold office for a specified period of time. (3) The power to make an appointment under subsection (1) (b) may be exercised— (a) as occasion requires, (b) in anticipation of a particular event, so as to provide that the appointment shall take effect when that event occurs, or (c) in anticipation of a particular state of affairs, so as to provide that the appointment shall have effect while that state of affairs exists. 48 Exercise of statutory functions (1) If an Act or instrument confers or imposes a function on any person or body, the function may be exercised (or, in the case of a duty, shall be performed) from time to time as occasion requires. (2) If an Act or instrument confers or imposes a function on a particular officer or the holder of a particular office, the function may be exercised (or, in the case of a duty, shall be performed) by the person for the time being occupying or acting in the office concerned. 49 Delegation of functions (1) If an Act or instrument confers a power on any person or body to delegate a function, the person or body may, in accordance with the Act or instrument, delegate the function to a person or body by name or to a particular officer or the holder of a particular office by reference to the title of the office concerned. (2) A delegation— (a) may be general or limited, (b) shall be in, or be evidenced by, writing signed by the delegator or, if the delegator is a body, by a person authorised by the body for that purpose, and (c) may be revoked, wholly or partly, by the delegator. (3) A delegated function may be exercised only in accordance with any conditions to which the delegation is subject. (4) A delegate may, in the exercise of a delegated function, exercise any other function that is incidental to the delegated function. (5) A delegated function that purports to have been exercised by a delegate shall, until the contrary is proved, be taken to have been duly exercised by the delegate. (6) A delegated function that is duly exercised by a delegate shall be taken to have been exercised by the delegator. (7) If— (a) the exercise of a function by a person or body is, by virtue of an Act or instrument, dependent on the opinion, belief or state of mind of the person or body in relation to any matter, and (b) the person or body has delegated the function to some other person or body, the function may be exercised by the delegate on the opinion, belief or state of mind of the delegate in relation to any such matter. (8) If a function is delegated by or to a particular officer or the holder of a particular office— (a) the delegation does not cease to have effect merely because the person who was the particular officer or the holder of the particular office when the function was delegated ceases to be that officer or the holder of that office, and (b) the person for the time being occupying or acting in the office concerned is taken to be the delegator or delegate (as the case requires). (9) A function that has been delegated may, notwithstanding the delegation, be exercised by the delegator. (10) This section applies to a sub-delegation of a function in the same way as it applies to a delegation of a function, but only in so far as the Act or instrument that authorises the delegation of the function also authorises the sub-delegation of the function. Part 8 Statutory bodies 50 Statutory corporations (1) A statutory corporation— (a) has perpetual succession, (b) shall have a seal, (c) may take proceedings and be proceeded against in its corporate name, (d) may, for the purpose of enabling it to exercise its functions, purchase, exchange, take on lease, hold, dispose of and otherwise deal with property, and (e) may do and suffer all other things that bodies corporate may, by law, do and suffer and that are necessary for, or incidental to, the exercise of its functions. (2) The seal of a statutory corporation (being a corporation that has 2 or more members) shall be kept by the president, chairperson or other principal officer of the corporation and shall be affixed to a document only— (a) in the presence of at least 2 members of the corporation, and (b) with an attestation by the signatures of those members of the fact of the affixing of the seal. (3) Every document requiring authentication by a statutory corporation may be sufficiently authenticated without the seal of the corporation— (a) in the case of a corporation that has 2 or more members—if it is signed by the president, chairperson or other principal officer of the corporation or by any member of the staff of the corporation authorised to do so by the president, chairperson or other principal officer, (b) in the case of a corporation sole—if it is signed by the person by whom the corporation is constituted or by any member of the staff of the corporation authorised to do so by that person, or (c) in the case of a corporation that has no members—if it is signed by the person for the time being managing the affairs of the corporation or by any member of the staff of the corporation authorised to do so by that person. (4) This section applies to a statutory corporation in addition to, and without limiting the effect of, any provision of the Act by or under which the corporation is constituted. 51 (Repealed) 52 Proceedings of statutory bodies (1) Any act or proceeding of a statutory body shall not be called into question merely because of— (a) any vacancies in the membership of the body, (b) any defects in the appointment of any members of the body, (c) any disqualifications of any members of the body, (d) any minor irregularities in the manner in which any meetings of the body have been convened or conducted, or (e) the presence or participation at any meetings of the body of any persons not entitled to be present or to participate at those meetings. (2) This section applies to a statutory body in addition to, and without limiting the effect of, any provision of the Act by or under which the body is constituted. 53 Alterations of names and constitutions (1) If an Act or statutory rule alters the name of a body or office— (a) the body or office continues in existence under its new name so that its identity is not affected, and (b) a reference in any Act or instrument, or in any other document, to the body or office under its former name shall, except in relation to matters that occurred before the alteration took place, be read as a reference to the body or office under its new name. (2) If an Act or statutory rule alters the constitution of a body— (a) the body continues in existence as newly constituted so that its identity is not affected, (b) the alteration does not affect any functions of the body, (c) the alteration does not affect any legal or other proceedings instituted or to be instituted by or against the body and any legal or other proceedings that might have been continued or commenced by or against the body as previously constituted may be continued or commenced by or against the body as newly constituted, and (d) the alteration does not affect any investigation or inquiry being or proposed to be undertaken by any other person or body into any action taken or practice engaged in by the body before the alteration took place and any investigation or inquiry that might have been continued or commenced into any such action or practice may be continued or commenced as if the action had been taken or the practice had been engaged in by the body as newly constituted. 53A Extension of age limit for part-time members of statutory bodies (1) If— (a) a person is or has, within the last 3 months, been the holder of a part-time office as a member of a statutory body, (b) the person cannot be re-appointed to the office because a provision of an Act or statutory rule imposes an age limit, (c) a Minister certifies to the Governor that that Minister is of the opinion that it is in the public interest that the person should be able to continue to hold the office after reaching the age limit, and (d) the person has reached the age limit or is within 3 months of reaching it, the Governor may extend the age limit for the person, but not beyond the age of 72 years. (2) While under the extended age limit, the person (if otherwise qualified) may be re-appointed to the office. (3) An office held by a person re-appointed under this section becomes vacant if the person reaches the extended age limit, instead of the former age limit. (4) This section prevails over any Act or statutory rule relating to the constitution of the statutory body concerned, unless any such Act or statutory rule expressly excludes this section. (5) A notification in the Gazette by a Minister to the effect that the age limit has been extended for the person is evidence of the extension. (6) The age limit for a person may be