Queensland: Acts Interpretation Act 1954 (Qld)

Acts Interpretation Act 1954 An Act to assist in the shortening and interpretation of Queensland Acts Part 1 Preliminary 1 Short title This Act may be cited as the Acts Interpretation Act 1954. 2 Act applies to all Acts This Act applies to all Acts (including this Act). Note— For the application of this Act to statutory instruments, see the Statutory Instruments Act 1992, part 4, divisions 1 and 2. 3 [Repealed] 4 Displacement of Act by contrary intention The application of this Act may be displaced, wholly or partly, by a contrary intention appearing in any Act. 5 Act binds Crown This Act binds the Crown. Part 2 Meaning of Act 6 References to Act (1) In an Act— Act means an Act of the Queensland Parliament, and includes— (a) a British or New South Wales Act that is in force in Queensland; and (b) an enactment of an earlier authority empowered to pass laws in Queensland that has received assent. (2) In an Act, a reference to 'an Act' includes the Act in which the reference is. 7 Act includes statutory instruments under Act etc. (1) In an Act, a reference (either generally or specifically) to a law (including the Act), or a provision of a law (including the Act), includes a reference to the statutory instruments made or in force under the law or provision. (2) In subsection (1)— law includes a law of the Commonwealth, another State or a Territory. 8 [Repealed] Part 3 General provisions applying to Acts 9 Interpretation of Act in relation to Parliament's legislative power (1) An Act is to be interpreted as operating— (a) to the full extent of, but not to exceed, Parliament's legislative power; and (b) distributively. (1A) Without limiting subsection (1)(a), it is declared that subsection applies (and always applied) to the legislative power conferred on Parliament under the Coastal Waters (State Powers) Act 1980 (Cwlth), section 5 and the Coastal Waters (State Title) Act 1980 (Cwlth), section 4. (1B) Subsection (1A) does not apply in relation to the substantive criminal law, and the law of criminal investigation, procedure and evidence, under the cooperative scheme as defined under the Crimes at Sea Act 2001, section 3. (2) Without limiting subsection (1), if a provision of an Act would, apart from this section, be interpreted as exceeding power— (a) the provision is valid to the extent to which it does not exceed power; and (b) the remainder of the Act is not affected. (3) Without limiting subsection (1), if the application of a provision of an Act to a person, matter or circumstance would, apart from this section, be interpreted as exceeding power, the provision's application to other persons, matters or circumstances is not affected. (4) This section applies to an Act in addition to, and without limiting, any provision of the Act. 9A Declaration of validity of certain laws Each provision of an Act enacted, or purporting to have been enacted, before the commencement of the Australia Acts has (and always has had) the same effect as it would have had, and is (and always has been) as valid as it would have been, if the Australia Acts had been in operation at the time of its enactment or purported enactment. 10 Section has effect as substantive enactment Every section of an Act has effect as a substantive enactment without introductory words. 11 Acts to be public Acts Every Act passed after 26 July 1852 is a public Act unless the Act otherwise expressly provides. 12 Private Acts not to affect rights of others (1) A private Act does not— (a) affect pre-existing rights in a way prejudicial to the Crown or another person; or (b) impose liabilities on the Crown or another person in relation to previous acts or omissions; except so far as the Act otherwise expressly provides. (2) Subsection (1) does not affect rights conferred, or liabilities imposed, on— (a) a person at whose instance, or for whose special benefit, the Act is passed; or (b) another person claiming by, through or under such a person. 12A Private Acts amended by public Acts do not become public Acts A private Act does not become a public Act merely because it has been amended by or under a public Act. 13 Future Acts when binding on the Crown No Act passed after the commencement of this Act shall be binding on the Crown or derogate from any prerogative right of the Crown unless express words are included in the Act for that purpose. 13A Acts not to affect native title except by express provision (1) An Act enacted after the commencement of this section affects native title only so far as the Act expressly provides. (2) For the purposes of subsection (1), an Act affects native title if it extinguishes the native title rights and interests or it is otherwise wholly or partly inconsistent with their continued existence, enjoyment or exercise. 13B Acts not to affect powers, rights or immunities of Legislative Assembly except by express provision (1) An Act enacted after the commencement of this section affects the powers, rights or immunities of the Legislative Assembly or of its members or committees only so far as the Act expressly provides. (2) For subsection (1), an Act affects the powers, rights or immunities mentioned in the subsection if it abolishes any of the powers, rights or immunities or is otherwise wholly or partly inconsistent with their continued existence, enjoyment or exercise. (3) In this section— rights includes privileges. 14 Material that is, and is not, part of an Act (1) A heading to a chapter, part, division or subdivision of an Act is part of the Act. (2) A heading to a section, subsection or another provision of an Act is part of the Act if— (a) the Act is enacted after 30 June 1991; or (b) the heading is amended or inserted after 30 June 1991. (3) An example in an Act of the operation of a provision of the Act is part of the Act. (4) A note in an Act to the Act or to a provision of the Act, as opposed to a footnote, an editor's note or an endnote mentioned in subsection (7), is part of the Act. Example of a note— See the note to section 2. Example of a footnote— See the footnote to schedule 1, definition Acting Governor. (5) A schedule or appendix of an Act is part of the Act. (6) Punctuation in an Act is part of the Act. (7) A footnote or editor's note to an Act or to a provision of an Act, and an endnote to an Act, are not part of the Act. 14A Interpretation best achieving Act's purpose (1) In the interpretation of a provision of an Act, the interpretation that will best achieve the purpose of the Act is to be preferred to any other interpretation. (2) Subsection (1) does not create or extend criminal liability, but applies whether or not the Act's purpose is expressly stated in the Act. (3) To remove any doubt, it is declared that this section applies to an Act passed after 30 June 1991 despite any presumption or rule of interpretation. Example— There is judicial authority for a rule of interpretation that taxing legislation is to be interpreted strictly and in a taxpayer's favour (for example, see Partington v AG (1869) LR 4 HL 100 at 122). Despite such a possible rule, this section requires a provision imposing taxation to be interpreted in the way that best achieves the Act's purpose, whether or not to do so would be in a taxpayer's favour. 14B Use of extrinsic material in interpretation (1) Subject to subsection (2), in the interpretation of a provision of an Act, consideration may be given to extrinsic material capable of assisting in the interpretation— (a) if the provision is ambiguous or obscure—to provide an interpretation of it; or (b) if the ordinary meaning of the provision leads to a result that is manifestly absurd or is unreasonable—to provide an interpretation that avoids such a result; or (c) in any other case—to confirm the interpretation conveyed by the ordinary meaning of the provision. (2) In determining whether consideration should be given to extrinsic material, and in determining the weight to be given to extrinsic material, regard is to be had to— (a) the desirability of a provision being interpreted as having its ordinary meaning; and (b) the undesirability of prolonging proceedings without compensating advantage; and (c) other relevant matters. (3) In this section— extrinsic material means relevant material not forming part of the Act concerned, including, for example— (a) material set out in an official copy of the Act; and (b) a report of a royal commission, law reform commission, commission or committee of inquiry, or a similar body, that was laid before the Legislative Assembly before the provision concerned was enacted; and (c) a report of a committee of the Legislative Assembly that was made to the Legislative Assembly before the provision was enacted; and (d) a treaty or other international agreement that is mentioned in the Act; and (e) an explanatory note or memorandum relating to the Bill that contained the provision, or any other relevant document, that was laid before, or given to the members of, the Legislative Assembly by the member bringing in the Bill before the provision was enacted; and (f) the speech made to the Legislative Assembly by the member when introducing the Bill; and Note— See section 53 in relation to Bills introduced before the commencement of that section. (g) material in an official record of proceedings in the Legislative Assembly; and (h) a document that is declared by an Act to be a relevant document for the purposes of this section. ordinary meaning means the ordinary meaning conveyed by a provision having regard to its context in the Act and to the purpose of the Act. 14C Changes of drafting practice not to affect meaning If— (a) a provision of an Act expresses an idea in particular words; and (b) a provision enacted later appears to express the same idea in different words for the purpose of implementing a different legislative drafting practice, including, for example— (i) the use of a clearer or simpler style; or (ii) the use of gender-neutral language; the ideas must not be taken to be different merely because different words are used. 14CA Other changes that do not affect general law (1) If— (a) a provision of an Act expressly provides for an obligation to comply with the principles of natural justice; and (b) the provision is replaced by a corresponding provision that does not expressly provide for the obligation; the absence of an express provision for the obligation in the corresponding provision does not limit or otherwise affect an obligation under the corresponding provision to comply with procedural fairness implied under the general law. (2) If— (a) a provision of an Act expressly provides for a function to be performed reasonably or a power to be exercised reasonably; and (b) the provision is replaced by a corresponding provision that does not expressly provide for the function to be performed reasonably or the power to be exercised reasonably; the absence of an express provision for the matter in the corresponding provision does not limit or otherwise affect an obligation under the corresponding provision to perform the function reasonably or exercise the power reasonably implied under the general law. (3) For this section, a provision of an Act (a former provision) is replaced by a corresponding provision if— (a) an amendment of the Act omits the former provision and inserts a corresponding provision, whether in the same or a different location; or (b) the former provision is amended and the amended provision is a corresponding provision; or (c) the Act is repealed by an Act that includes a corresponding provision to the former provision. (4) In this section— corresponding provision, to another provision, means a provision that is substantially the same as, or substantially equivalent to, the other provision. 14D Examples If an Act includes an example of the operation of a provision— (a) the example is not exhaustive; and (b) the example does not limit, but may extend, the meaning of the provision; and (c) the example and the provision are to be read in the context of each other and the other provisions of the Act, but, if the example and the provision so read are inconsistent, the provision prevails. Part 4 Reference to and citation of Acts 14E References to Acts generally An Act passed by Parliament, or any earlier legislature empowered to pass laws for Queensland, may be referred to by the word Act alone. 14F References to particular Acts (1) An Act may be cited— (a) by its short title; or (b) by reference to the year in which it was passed and its number. Examples of citations— 1 Statutory Instruments Act 1992 2 Statutory Instruments Act 1992, No. 22 3 Act No. 22 of 1992 4 1992 Act No. 22 (2) A Commonwealth Act may be cited— (a) by its short title; or (b) in another way sufficient in a Commonwealth Act for the citation of such an Act; together with a reference to the Commonwealth. (3) An Act of another State or a Territory may be cited— (a) by its short title; or (b) in another way sufficient in an Act of the State or Territory for the citation of such an Act; together with a reference to the State or Territory. (4) A British Act may be cited— (a) by its short title; or (b) in another way sufficient in a British Act for the citation of such an Act; together with a reference to the United Kingdom or the term 'UK', 'Imperial Act' or 'Imp'. 14G References to enactments (1) An enactment may be cited by reference to the provision of the Act in which it is contained. (2) The reference is to be made according to an official copy of— (a) the Act; or (b) the Act as amended. (3) In this section— Act includes Commonwealth Act, Act of another State, Territory Act or British Act. enactment includes any portion of an Act. official copy— (a) of an Act of Queensland or an Act of Queensland as amended—see schedule 1, definition official copy; or (b) of an Act of another jurisdiction or an Act of another jurisdiction as amended—means a copy, including a reproduction in electronic form, of the Act or the Act as amended that, under a law of the jurisdiction, is presumed to be a correct copy of the Act or the Act as amended, in the absence of evidence to the contrary. 14H References taken to be included in reference to law (1) In an Act, a reference to a law (including the Act) includes a reference to the following— (a) the law as originally made, and as amended from time to time since it was originally made; (b) if the law has been repealed and remade (with or without modification) since the reference was made—the law as remade, and as amended from time to time since it was remade; (c) if a relevant provision of the law has been omitted and remade (with or without modification) in another law since the reference was made—the other law as in force when the provision was remade, and as amended from time to time since the provision was remade. (2) In an Act, a reference to a provision of a law (including the Act) includes a reference to the following— (a) the provision as originally made, and as amended from time to time since it was originally made; (b) if the provision has been omitted and remade (with or without modification and whether in the law or another law) since the reference was made—the provision as remade, and as amended from time to time since it was remade. (3) In this section— law includes a law of the Commonwealth, another State or a Territory. make includes enact. 14I References to changed short titles and citations (1) If the short title or citation of a law is amended, a reference in an Act to the short title or citation includes a reference to the short title or citation as amended. (2) In this section— law includes a law of the Commonwealth, another State or a Territory. 14J References to repealed or expired laws (1) If an Act refers to another law as repealed or expired, the reference is to the other law as in force immediately before it was repealed or expired. Example— The 'repealed ABC Act 1950' is a reference to the ABC Act 1950 as in force immediately before it was repealed. (2) In this section— law includes a law of the Commonwealth, another State or a Territory. Part 5 Commencement of Acts 15 References to enactment etc. of Acts In an Act, 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. 15A Commencement of Acts on date of assent An Act commences on the date of assent except so far as the Act otherwise expressly provides. 15B Time of commencement of Acts If an Act or a provision of an Act commences on a day, it commences at the beginning of the day. 15C Commencement of citation and commencement provisions on date of assent etc. (1) The provisions of an Act providing for its citation and commencement commence on the date of assent by force of this subsection. (2) A reference in an Act to the commencement of the Act, or another Act, (the Act concerned), is a reference to— (a) if the provisions of the Act concerned (other than those providing for its citation and commencement) commence, or are required to commence, on a single day or at a single time—the commencement of the remaining provisions; or (b) if paragraph (a) does not apply and the reference is in a provision of the Act concerned—the commencement of the provision; or (c) in any other case—the commencement of the relevant provision of the Act concerned. (3) Subsection (1) applies to an Act despite anything in the Act unless the Act expressly provides that it does not apply. (4) A reference in this section to the provisions of an Act providing for its citation includes a reference to the Act's long title. 15D Commencement by proclamation etc. (1) If an Act or provisions of an Act is or are expressed to commence on a day to be fixed by proclamation or other instrument— (a) a single day or time may be fixed; or (b) different days or times may be fixed for different provisions. (2) If the day or time fixed by a proclamation for the commencement of an Act or a provision of an Act happens before the day on which the proclamation is notified (the notification day)— (a) the proclamation is valid; but (b) the Act or provision commences on the notification day. 15DA Automatic commencement of postponed law (1) In this section— assent day means the date of assent of— (a) if the postponed law is an Act—the Act; or (b) if the postponed law is a provision of an Act—the Act that enacts the provision. postponed law means an Act or provision of an Act that does not commence on the assent day because a provision of an Act postpones its commencement until a day fixed under an instrument. (2) If a postponed law has not commenced within 1 year of the assent day, it automatically commences on the next day. (3) However, within 1 year of the assent day, a regulation may extend the period before commencement under subsection (2) to not more than 2 years of the assent day. (4) The regulation mentioned in subsection (3) may be made under— (a) the Act that is the postponed law; or (b) the Act of which the postponed law is a provision; or (c) an Act that the postponed law amends; as if the Act mentioned in paragraph (a), (b) or (c) included a provision that had commenced and authorised the regulation to be made. (5) This section— (a) only applies to a postponed law enacted after 31 December 1994; and (b) applies to a postponed law unless an Act expressly states it does not apply. Example— The Hypothetical Act 1995 was assented to on 5 April 1995 and was expressed to commence on a day to be fixed by proclamation. If the Act was not commenced by 5 April 1996, it would commence on 6 April 1996 under subsection (2) unless a regulation had been made under subsection (3) extending time for commencement. 15DB [Expired] 15DC [Expired] 15E Commencement of paragraphs etc. in amending Act If an Act amends another Act and the amendment is in the form of— (a) a paragraph, or subparagraph, of a section or subsection of the amending Act; or (b) any other provision that is not self-contained; the amendment may be given a separate commencement. 16 [Repealed] 17 Exercise of powers between enactment and commencement (1) If a provision of an Act (the empowering provision) that does not commence on its enactment would, had it commenced— (a) confer a power— (i) to make an appointment; or (ii) to make a statutory instrument of a legislative or administrative character; or (iii) to do any other thing; or (b) amend a provision of another Act so that the other Act would confer such a power; then— (c) the power may be exercised; and (d) anything may be done for the purpose of— (i) enabling the exercise of the power; or (ii) bringing the appointment, instrument or other thing into effect; before the empowering provision commences. (2) If— (a) an Act that has commenced confers a power to make a statutory instrument (the basic instrument-making power); and (b) a provision of an Act that does not commence on its enactment would, had it commenced, amend the Act mentioned in paragraph (a) so as to confer additional power to make a statutory instrument (the additional instrument-making power); then— (c) the basic instrument-making power and the additional instrument-making power may be exercised by making a single instrument; and (d) any provision of the instrument that required an exercise of the additional instrument-making power is to be treated as made under subsection (1). (3) If an instrument, or a provision of an instrument, is made under subsection (1) that is necessary for the purpose of— (a) enabling the exercise of a power mentioned in subsection (1)(a); or (b) bringing an appointment, instrument or other thing made or done under such a power into effect; the instrument or provision takes effect— (c) on the making of the instrument; or (d) if the instrument or provision is expressed to take effect at a later time—the later time. (4) If— (a) an appointment is made under subsection (1); or (b) an instrument, or provision of an instrument, made under subsection (1) is not necessary for a purpose mentioned in subsection (3); the appointment, instrument or provision takes effect— (c) on the commencement of the relevant empowering provision; or (d) if the appointment, instrument or provision is expressed to take effect at a later time—the later time. (5) Anything done under subsection (1) does not confer a right, or impose a liability, on a person before the relevant empowering provision commences. (6) After the enactment of a provision mentioned in subsection (1)(b) but before the provision's commencement, this section applies as if the references in subsections (1) and (4) to the commencement of the empowering provision were references to the commencement of the provision mentioned in subsection (1)(b) as amended by the empowering provision. Part 6 Amendment and repeal of Acts 17A Act may be amended or repealed in same parliamentary session An Act may be amended or repealed in the session of Parliament in which it is passed. 18 Time of expiry of Act etc. If an Act or a provision of an Act— (a) expires on a day; or (b) is expressed to remain or continue in force, or otherwise have effect, until a day; the Act or provision has effect until the end of the day. 19 Repealed and amended Acts not revived on repeal of repealing and amending Acts (1) In this section— Act includes a provision of an Act. repeal includes expiry. (2) If an Act (the first Act) is repealed by another Act (the other Act), the first Act is not revived merely because the other Act is repealed. Examples— 1 Act A repeals Act B. Act A is repealed. The repeal of Act A does not revive Act B. 2 Act A repeals Act B. Act A is automatically repealed under section 22C. The repeal of Act A does not revive Act B. (3) If an Act (the first Act) is amended by another Act (the other Act), the continuing operation of the amendments made by the other Act is not affected merely because the other Act is repealed and, in particular, the first Act is not revived in the form that it was in before the amendments took effect merely because of the repeal. Examples— 1 Act A amends Act B. Act A is repealed after it has commenced by a later Act C. The amendments made by Act A continue to operate, even though Act A has been repealed. 2 Act A amends Act B. Act A is automatically repealed under section 22C. The amendments made by Act A continue to operate, even though Act A has been repealed. (4) This section is in addition to, and does not limit, sections 20 and 20A, or any provision of the law by which the repeal is made. 19A Commencement not undone if omitted If a provision of an Act provides for the commencement of a law and the law has commenced, the later omission of the provision does not affect the continuing operation of the law. 20 Saving of operation of repealed Act etc. (1) In this section— Act includes a provision of an Act. repeal includes expiry. (2) The repeal or amendment of an Act does not— (a) revive anything not in force or existing at the time the repeal or amendment takes effect; or (b) affect the previous operation of the Act or anything suffered, done or begun under the Act; or (c) affect a right, privilege or liability acquired, accrued or incurred under the Act; or (d) affect a penalty incurred in relation to an offence arising under the Act; or (e) affect an investigation, proceeding or remedy in relation to a right, privilege, liability or penalty mentioned in paragraph (c) or (d). (3) The investigation, proceeding or remedy may be started, continued or completed, and the right, privilege or liability may be enforced and the penalty imposed, as if the repeal or amendment had not happened. (4) Without limiting subsections (2) and (3), the repeal or amendment of an Act does not affect— (a) the proof of anything that has happened; or (b) any right, privilege or liability saved by the operation of the Act; or (c) any repeal or amendment made by the Act; or (d) any savings, transitional or validating effect of the Act. (5) This section is in addition to, and does not limit, sections 19 and 20A, or any provision of the law by which the repeal or amendment is made. 20A Repeal does not end saving, transitional or validating effect etc. (1) In this section— Act includes a provision of an Act. repeal includes expiry. (2) If an Act— (a) declares a thing for a saving or transitional purpose (whether or not the Act is expressed to be made for a purpose of that type); or (b) validates a thing that may otherwise be invalid; or (c) declares a thing for a purpose that is consequential on a declaration mentioned in paragraph (a) or a validation mentioned in paragraph (b) (whether or not the Act is expressed to be made for a purpose of that type); the declaratory or validating effect of the Act does not end merely because of the repeal of the Act. Example of paragraph (a)— a provision stating that an existing licence under a repealed law is taken to be a licence of a particular kind under another law and authorising the imposition of conditions under the other law Example of paragraph (b)— a provision declaring an instrument to have been validly made and acts done in reliance on the instrument to have been validly done Examples of paragraph (c)— 1 a provision stating that a matter that is declared valid is not justiciable 2 a provision stating that an instrument that is declared valid is taken to have been amended in a particular way (3) If an Act (the savings law) declares an Act (the declared law) to be a law to which this section applies— (a) the effect of the declared law does not end merely because of its repeal; and (b) the effect of the savings law does not end merely because of its repeal. (4) A declaration may be made for subsection (3) about an Act whether or not the Act is a law to which subsection (2) applies. (5) A declaration made for subsection (3) about an Act does not imply that, in the absence of a declaration about it, another Act is not a law to which this section applies. (6) This section is in addition to, and does not limit, sections 19 and 20, or any provision of the law by which the repeal is made. 20B Continuance of appointments etc. made under amended provisions (1) This section applies if— (a) a provision of a law expressly or impliedly authorises or requires— (i) the making of an appointment; or (ii) the delegation of a function or power; or (iii) the doing of anything else (other than the making of a statutory instrument); and (b) the provision is amended by an Act; and (c) under the amended provision— (i) the appointment may be made; or (ii) the function or power may be delegated; or (iii) the thing may be done. (2) An appointment, delegation or other thing mentioned in subsection (1) that was in force immediately before the commencement of the amendment continues to have effect after the commencement as if it had been done under the amended provision. (3) In this section— amend includes omit and re-enact in the same law (with or without modification), but does not include omit and re-enact in another law. 20C Creation of offences and changes in penalties (1) In this section— Act includes a provision of an Act. (2) If an Act makes an act or omission an offence, the act or omission is only an offence if committed after the Act commences. (3) If an Act increases the maximum or minimum penalty, or the penalty, for an offence, the increase applies only to an offence committed after the Act commences. 21 Continuance of repealed provisions If an Act repeals some or all of the provisions of an Act and enacts new provisions in substitution for the repealed provisions, the repealed provisions continue in force until the new provisions commence. 22 Act and amending Acts to be read as one An Act and all Acts amending the Act are to be read as one. 22A Insertion of provisions by amending Act (1) If an Act amends a provision of a law by inserting a subsection that is to form part of a series of subsections, and does not specify the position in the provision where it is to be inserted, the subsection is to be inserted in the appropriate numerical or alphanumerical position. (2) If an Act amends a provision of a law by inserting a paragraph that is to form part of a series of paragraphs, and does not specify the position in the provision where it is to be inserted, the paragraph is to be inserted in the appropriate alphabetical position. (3) If an Act amends a provision of a law by inserting a subparagraph that is to form part of a series of subparagraphs, and does not specify the position in the provision where it is to be inserted, the subparagraph is to be inserted in the appropriate numerical or alphanumerical position. (4) If an Act amends a provision of a law by inserting a sub-subparagraph that is to form part of a series of sub-subparagraphs, and does not specify the position in the provision where it is to be inserted, the sub-subparagraph is to be inserted in the appropriate alphabetical position. (5) If an Act amends a provision of a law by inserting a definition that is to form part of a series of definitions, and does not specify the position in the provision where it is to be inserted, the definition is to be inserted in the appropriate alphabetical position, determined on a letter-by-letter basis. (6) If an Act otherwise amends a provision of a law by inserting a provision that is to form part of a series of provisions, and does not specify the position in the first provision where it is to be inserted, the second provision is to be inserted in the appropriate numerical or alphanumerical position. (7) If an Act amends a provision of a law by inserting an example, note or penalty, and does not specify the position in the provision where it is to be inserted, the example, note or penalty is to be inserted at the end of the provision. (8) In determining the appropriate position in which a provision is to be inserted, regard may be had to current Queensland legislative drafting practice. 22B Amendment to be made wherever possible in provision If an Act amends a provision of a law— (a) by omitting a word; or (b) by omitting a word and inserting another word; or (c) by inserting a word before or after a particular word; the amendment is to be made wherever possible in the provision. 22C Automatic repeal of amending Act (1) An amending Act enacted after 30 June 1994 is automatically repealed at the beginning of the day after all of its provisions have commenced. (2) A repeal under subsection (1) has effect for all purposes, including, for example, sections 19 to 20A. (3) This section is in addition to, and does not limit the operation of, any other provision of this Act about repeals. (4) In this section— amending Act means an Act that consists only of provisions of the following types— (a) the Act's long title; (b) the Act's preamble (if any); (c) a provision about the Act's citation; (d) a provision (if any) about the Act's commencement; (e) a provision providing for the amendment or repeal of an Act or other instrument (including a provision identifying the amended or repealed instrument); (f) a provision providing for the extension of the period before commencement, under section 15DA(2), of an Act or a provision of an Act that has not commenced within 1 year of the assent day; (g) a provision declaring an Act or a provision of an Act to be a law to which section 20A applies. Example 1— The Hypothetical Amending Act 1995 amends the ABC Act and the LMN Act. It also repeals a list of Acts set out in a schedule. Apart from— • a long title • a provision about the Act's citation (that is, the Act's short title) • a provision about the Act's commencement • amending provisions (that is, provisions stating that the ABC Act and the LMN Act are amended and the provisions amending the Acts) • repealing provisions (that is, a provision stating that the Acts set out in the schedule are repealed and a schedule) • a provision about the application of section 20A to a provision being repealed; the Hypothetical Amending Act 1995 contains no other provisions. Its repealing provisions commence on assent, 21 March 1995. Its amending provisions commence on proclamation, 12 April 1995. Under subsection (1), the Hypothetical Amending Act 1995 is automatically repealed at the beginning of 13 April 1995. Example 2— The Example Act 1995 contains provisions establishing a new scheme. It also amends several Acts and repeals others. Because it contains the scheme provisions, it is not an amending Act covered by subsection (1). assent day means the date of assent of— (a) if the provision provides for the extension of the period before commencement, under section 15DA(2), of an Act—the Act; or (b) if the provision provides for the extension of the period before commencement, under section 15DA(2), of a provision of an Act—the Act that enacts the provision. Part 7 Functions and powers conferred by Acts 23 Performance of statutory functions etc. (1) If an Act confers a function or power on a person or body, the function may be performed, or the power may be exercised, as occasion requires. (2) If an Act confers a function or power on a specified officer or the holder of a specified office, the function may be performed, or the power may be exercised, by the person for the time being occupying or acting in the office concerned. (3) If an Act confers a function or power on a body (whether or not incorporated), the performance of the function, or the exercise of the power, is not affected merely because of vacancies in the membership of the body. 23A Conferral of statutory power on another entity (1) If a provision of an Act, whether expressly or by implication, confers a power (the first power) on an entity to authorise or require another entity to exercise a power (the second power), then, if the first power is exercised, the provision is taken to confer the second power on the other entity. (2) In this section— power includes doing an act or making a decision for the purpose of performing a function. 24 [Repealed] 24AA Power to make instrument or decision includes power to amend or repeal If an Act authorises or requires the making of an instrument or decision— (a) the power includes power to amend or repeal the instrument or decision; and (b) the power to amend or repeal the instrument or decision is exercisable in the same way, and subject to the same conditions, as the power to make the instrument or decision. 24A Appointments may be made by name or office (1) If an Act authorises or requires a person or body— (a) to appoint a person to an office; or (b) to appoint a person or body to exercise a power; or (c) to appoint a person or body to do another thing; the person or body may make the appointment by— (d) appointing a person or body by name; or (e) appointing a specified officer, or the holder of a specified office, by reference to the title of the office concerned. (2) An appointment of a specified officer, or the holder of a specified office, is taken to be the appointment of the person for the time being occupying or acting in the office concerned. 24B Acting appointments (1) If an Act authorises a person or body to appoint a person to act in an office, the person or body may, in accordance with the Act, appoint— (a) a person by name; or (b) a specified officer, or the holder of a specified office, by reference to the title of the office concerned; to act in the office. (2) The appointment may be expressed to have effect only in the circumstances specified in the instrument of appointment. (3) The appointer may— (a) determine the terms and conditions of the appointment, including remuneration and allowances; and (b) end the appointment at any time. (3A) If the appointer is a body, the appointment may be made or ended by a resolution of the body. (4) The appointment, or the ending of the appointment under subsection (3)(b), must be in, or evidenced by, writing, signed by the appointer or, if the appointer is a body, by a person authorised by the body for the purpose. (5) If the appointee is acting in the office because of a vacancy in the office— (a) the term of the appointment may not be more than 1 year; and (b) the appointee may be reappointed to act in the office, but the term of each reappointment may not be more than 1 year. (6) If the appointee is acting in the office otherwise than because of a vacancy in the office and the office becomes vacant, then, subject to subsection (2), the appointee may continue to act until— (a) the appointer otherwise directs; or (b) the vacancy ends; or (c) the end of a year from the day of the vacancy; whichever happens first. (6A) Subsection (6)(c) does not prevent a further appointment of the appointee to act for a period ending later than a year from the day of the vacancy. (7) The appointment ends if the appointee resigns by writing signed and delivered to the appointer. (7A) If the vacancy in the office in which a person is acting ends, the person's appointment to act in the office because of the vacancy also ends. (7B) If the holder of the office in which a person is acting resumes the office, the person's appointment to act in the office because of the absence of the holder of the office ends. (7C) Subsections (7A) and (7B) apply even if a contrary intention appears in the instrument of, or evidencing the, appointment to act. (7D) A person's substantive appointment to an office does not end merely because the person acts in another office. (7E) To avoid any doubt, it is declared that subsections (7A) to (7D) do not change the law of Queensland. (8) While the appointee is acting in the office— (a) the appointee has all the functions and powers of the holder of the office; and (b) laws apply to the appointee, and to other persons in relationship to the appointee, as if the appointee were the holder of the office. (9) Anything done by or in relation to a person purporting to act in the office is not invalid merely because— (a) the occasion for the appointment had not arisen; or (b) the appointment had ended; or (c) the occasion for the person to act had not arisen or had ended. (10) If the Act authorises the appointer to appoint a person to act during a vacancy in the office, an appointment to act in the office may be made by the appointer whether or not an appointment has previously been made to the office. (11) If— (a) the appointer is a specified officer or the holder of a specified office; and (b) the person who was the specified officer or holder of the specified office when the appointment was made ceases to be the officer or holder of the office; then— (c) the appointment continues in force; and (d) the person for the time being occupying or acting in the office concerned is taken to be the appointer for the purposes of this section. (12) If— (a) the appointer is a body; and (b) there is a change in the membership of the body; then— (c) the appointment continues in force; and (d) the body as constituted for the time being is taken to be the appointer for the purposes of this section. (13) Writing purporting to be, or to contain, an appointment, or the ending of an appointment under subsection (3)(b), is evidence of the appointment or the ending of the appointment. (14) A certificate signed by the appointer (or, if the appointer is a body, by a person authorised by the body for the purpose) stating anything in relation to an appointment is evidence of the thing. (15) A document purporting to be a certificate mentioned in subsection (14) is taken to be the certificate, and to have been properly given, unless the contrary is established. 24C Acting person nominated by Act etc. (1) This section applies if an Act provides that a specified officer, or the holder of a specified office, (the nominated person) acts as another specified officer or in another specified office on a specified occasion. (2) While the nominated person is acting as the other officer or in the other office— (a) the nominated person has all the functions and powers of the officer or holder of the office; and (b) laws apply to the nominated person, and to other persons in relationship to the nominated person, as if the nominated person were the officer or holder of the office. (3) Anything done by or in relation to the nominated person while the nominated person is purporting to act as the other officer or in the other office is not invalid merely because the occasion for the nominated person to act had not happened or had ceased. 25 Powers of appointment imply certain incidental powers (1) If an Act authorises or requires a person or body to appoint a person to an office— (a) the power may be exercised as occasion requires; and (b) the power includes— (i) power to remove or suspend, at any time, a person appointed to the office; and (ii) power to appoint another person to act in the office if a person appointed to the office is removed or suspended; and (iii) power to reinstate or reappoint a person removed or suspended; and (iv) power to appoint a person to act in the office if it is vacant (whether or not the office has ever been filled); and (v) power to appoint a person to act in the office if the person appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise); and (c) the power also includes power to reappoint a person to the office if the person is eligible to be appointed to the office. (2) The power to remove or suspend a person under subsection (1)(b) may be exercised even if the Act under which the person was appointed provides that the holder of the office to which the person was appointed is to hold office for a specified period. (3) The power to make an appointment under subsection (1)(b) may be exercised as occasion requires. (4) An appointment under subsection (1)(b) may be expressed to have effect only in the circumstances specified in the instrument of appointment. 26 Appointment not affected by defect etc. The appointment of a person to an office, to act in an office, to exercise a power or to do anything else is not invalid merely because of a defect or irregularity in relation to the appointment. 27 Power to hear and determine includes power to administer oath A person or body authorised by law, or by consent of parties, to conduct a hearing for the purpose of the determination (by that or another person or body) of any matter has authority— (a) to receive evidence; and (b) to examine witnesses, and to administer oaths to witnesses, who have been lawfully called before the person or body. 27A Delegation of functions or powers (1) If an Act authorises a person or body to delegate a function or power, the person or body may, in accordance with the Act and any other applicable law, delegate the function or power to— (a) a person or body by name; or (b) a specified officer, or the holder of a specified office, by reference to the title of the office concerned. (2) The delegation may be— (a) general or limited; and (b) made from time to time; and (c) revoked, wholly or partly, by the delegator. (3) The delegation, or a revocation of the delegation, must be in, or evidenced by, writing signed by the delegator or, if the delegator is a body, by a person authorised by the body for the purpose. (3A) If the delegator is a body, the delegation may be made or revoked by a resolution of the body. (3B) All conditions and preliminary steps required for the exercise of a delegation are presumed to have been satisfied and performed unless the contrary is established. (3C) Laws apply to the delegate, and to other persons in relationship to the delegate, in the performance of the delegated function or in the exercise of a delegated power as if the delegate were the delegator. (3D) Anything done by or in relation to the delegate in relation to the delegation is taken to have been done by or in relation to the delegator. Example— Under an Act an evidentiary certificate purporting to be signed by an office holder is evidence of the content in any proceeding (the facilitation provision). The Act confers a general power of delegation on the office holder. The office holder uses the power to delegate the function of issuing the certificate to someone else. Under subsections (3C) and (3D) (and (6) and (7)), the facilitation provision is taken to provide for the certificate purporting to be signed by the delegate as having been signed by the delegator. (4) A delegated function or power may be exercised only in accordance with any conditions to which the delegation is subject. (5) The delegate may, in the performance of a delegated function or in the exercise of a delegated power, do anything that is incidental to the delegated function or power. (6) A delegated function or power that purports to have been performed or exercised by the delegate is taken to have been properly performed or exercised by the delegate unless the contrary is proved. (7) A delegated function or power that is properly performed or exercised by the delegate is taken to have been performed or exercised by the delegator. (8) If, when performed or exercised by the delegator, a function or power is dependent on the delegator's opinion, belief or state of mind, then, when performed or exercised by the delegate, the function or power is dependent on the delegate's opinion, belief or state of mind. (8A) If— (a) the delegator is a specified officer or the holder of a specified office; and (b) the person who was the specified officer or holder of the specified office when the delegation was made ceases to be the officer or holder of the office; then— (c) the delegation continues in force; and (d) the person for the time being occupying or acting in the office concerned is taken to be the delegator for the purposes of this section. (8B) If— (a) the delegator is a body; and (b) there is a change in the membership of the body; then— (c) the delegation continues in force; and (d) the body as constituted for the time being is taken to be the delegator for the purposes of this section. (9) If a function or power is delegated to a specified officer or the holder of a specified office— (a) the delegation does not cease to have effect merely because the person who was the specified officer or the holder of the specified office when the function or power was delegated ceases to be the officer or the holder of the office; and (b) the function or power may be performed or exercised by the person for the time being occupying or acting in the office concerned. (10) A function or power that has been delegated may, despite the delegation, be performed or exercised by the delegator. (10A) The delegation of a function or power does not relieve the delegator of the delegator's obligation to ensure that the function or power is properly performed or exercised. (11) Subject to subsection (12), this section applies to a subdelegation of a function or power in the same way as it applies to a delegation of a function or power. (12) If an Act authorises the delegation of a function or power, the function or power may be subdelegated only if the Act expressly authorises the function or power to be subdelegated. (13) Writing purporting to be, or to contain, a delegation, or the revocation of a delegation, is evidence of the delegation or revocation. (14) A certificate signed by the delegator (or, if the delegator is a body, by a person authorised by the body for the purpose) stating anything in relation to a delegation is evidence of the thing. (15) A document purporting to be a certificate mentioned in subsection (14) is taken to be the certificate, and to have been properly given, unless the contrary is established. (15A) Authority to delegate a person's or body's powers includes authority to delegate doing an act or making a decision for performing a function of the person or body. (16) In this section— power includes doing an act or making a decision for the purpose of performing a function. 27B Content of statement of reasons for decision If an Act requires a tribunal, authority, body or person making a decision to give written reasons for the decision (whether the expression 'reasons', 'grounds' or another expression is used), the instrument giving the reasons must also— (a) set out the findings on material questions of fact; and (b) refer to the evidence or other material on which those findings were based. 28 [Repealed] 28AA [Repealed] 28AB [Repealed] 28AC [Repealed] 28A [Repealed] 29 Legislative Assembly's resolutions to be interpreted not to exceed authority (1) A resolution of the Legislative Assembly, or a committee of the Legislative Assembly, made under an Act is to be interpreted as operating— (a) to the full extent of, but not to exceed, the Legislative Assembly's constitutional powers; and (b) subject to the Act; and (c) distributively. (2) Without limiting subsection (1), if part of a resolution would, apart from this section, be interpreted as exceeding authority— (a) the resolution is valid to the extent to which it does not exceed authority; and (b) the remainder of the resolution is not affected. (3) Without limiting subsection (1), if the application of part of a resolution to a person, matter or circumstance would, apart from this section, be interpreted as exceeding authority, the part's application to other persons, matters or circumstances is not affected. (4) This section applies to an Act in addition to, and without limiting, any provision of the Act. 29A [Repealed] 29B Working out number of sitting days In working out a particular number of sitting days of the Legislative Assembly, it does not matter whether the days are within the same or different Parliaments or within different sessions of Parliament. 30 [Repealed] Part 8 Terms and references in Acts 32 Defined terms—other parts of speech and grammatical forms If an Act defines a word or expression, other parts of speech and grammatical forms of the word or expression have corresponding meanings. 32A Definitions to be read in context Definitions in or applicable to an Act apply except so far as the context or subject matter otherwise indicates or requires. 32AA Definitions generally apply to entire Act A definition in or applying to an Act applies to the entire Act. 32AB Terms defined both in this Act and another Act If— (a) a word or expression is defined non-exhaustively for the purposes of an Act other than this Act (the non-exhaustive definition); and (b) the word or expression is also defined in this Act (the Interpretation Act definition); then, for the purposes of the first Act— (c) the non-exhaustive definition does not exclude or limit, but may extend, the meaning of the word or expression given by the Interpretation Act definition; and (d) the non-exhaustive and Interpretation Act definitions are to be read in the context of each other and the other provisions of the first Act, but, if the definitions so read are inconsistent, the Interpretation Act definition is displaced. 32B Gender In an Act, words indicating a gender include each other gender. 32C Number In an Act— (a) words in the singular include the plural; and (b) words in the plural include the singular. 32CA Meaning of may and must etc. (1) In an Act, the word may, or a similar word or expression, used in relation to a power indicates that the power may be exercised or not exercised, at discretion. (2) In an Act, the word must, or a similar word or expression, used in relation to a power indicates that the power is required to be exercised. (3) To remove any doubt, it is declared that this section applies to an Act passed after 1 January 1992 despite any presumption or rule of interpretation. 32CB Words and expressions used in amending Acts (1) Words and expressions used in an Act that amends another law have the same meanings as they have in the other law. (2) Subsection (1) does not limit section 22 (Act and amending Acts to be read as one). 32CC [Repealed] 32D References to persons generally (1) In an Act, a reference to a person generally includes a reference to a corporation as well as an individual. (2) Subsection (1) is not displaced merely because there is an express reference to either an individual or a corporation elsewhere in the Act. Examples of references to a person generally— another anyone no-one one party person someone whoever Examples of express references to a corporation— body corporate company corporation sole Examples of express references to an individual— adult child spouse 32DA Meaning of de facto partner (1) In an Act, a reference to a de facto partner is a reference to either 1 of 2 persons who are living together as a couple on a genuine domestic basis but who are not married to each other or related by family. (2) In deciding whether 2 persons are living together as a couple on a genuine domestic basis, any of their circumstances may be taken into account, including, for example, any of the following circumstances— (a) the nature and extent of their common residence; (b) the length of their relationship; (c) whether or not a sexual relationship exists or existed; (d) the degree of financial dependence or interdependence, and any arrangement for financial support; (e) their ownership, use and acquisition of property; (f) the degree of mutual commitment to a shared life, including the care and support of each other; (g) the care and support of children; (h) the performance of household tasks; (i) the reputation and public aspects of their relationship. (3) No particular finding in relation to any circumstance is to be regarded as necessary in deciding whether 2 persons are living together as a couple on a genuine domestic basis. (4) Two persons are not to be regarded as living together as a couple on a genuine domestic basis only because they have a common residence. (5) For subsection (1)— (a) the gender of the persons is not relevant; and (b) a person is related by family to another person if the person and the other person would be within a prohibited relationship within the meaning of the Marriage Act 1961 (Cwlth), section 23B, if they were parties to a marriage to which that section applies. (6) In an Act enacted before the commencement of this section, a reference to a spouse includes a reference to a de facto partner as defined in this section unless the Act expressly provides to the contrary. 32E Production of records kept in computers etc. If a person who keeps a record of information by way of a mechanical, electronic or other device is required by or under an Act— (a) to produce the information or a document containing the information to a court, tribunal or person; or (b) to make a document containing the information available for inspection by a court, tribunal or person; then, unless the court, tribunal or person otherwise directs— (c) the requirement obliges the person to produce or make available for inspection, as the case may be, a document that reproduces the information in a form capable of being understood by the court, tribunal or person; and (d) the production to the court, tribunal or person of the document in that form complies with the requirement. 32F References to commencement (1) In an Act, a reference to commencement for an Act or a provision of an Act is a reference to the time the Act or provision comes into operation. (2) In a provision of an Act, a reference to the commencement without indicating a particular Act or provision is a reference to the commencement of the provision in which the reference occurs. Example of subsection (2)— If section 24(3) of an Act stated 'This section expires 1 month after the commencement', 'the commencement' referred to is the commencement of section 24(3). 33 References to Ministers (1) In an Act— (a) a reference to a Minister is a reference to a Minister of the State; and (b) a reference to a particular Minister by title, or to the Minister without specifying a particular Minister by title, includes a reference to another Minister, or member of the Executive Council, who is acting for the Minister. (2) In a provision of an Act, a reference to the Minister without specifying a particular Minister by title is a reference to— (a) the Minister administering the provision; or (b) if, for the time being, different Ministers administer the provision in relation to different matters— (i) if only 1 Minister administers the provision in relation to the relevant matter—the Minister; or (ii) if 2 or more Ministers administer the provision in relation to the relevant matter—any 1 of the Ministers; or (c) if paragraph (b) does not apply and, for the time being, 2 or more Ministers administer the provision—any 1 of the Ministers. (3) If a provision of an Act refers to a Minister and specifies the Minister merely by reference to the fact that the Minister administers a specified Act or enactment, subsection (2) applies as if references in paragraphs (a) to (c) to the provision were references to the specified Act or enactment. (4) If an Act defines the expression 'Minister' or 'the Minister' for the purposes of the Act or a provision of the Act in a way that does not specify a particular Minister by title, subsec