interpretation act 1984. - legislation.wa.gov.au

WESTERN AUSTRALIA.

INTERPRETATION ACT 1984.

(No. 12 of 1984.)

ARRANGEMENT.

PART I-PRELIMINARY.Section.1. Short title.2. Commencement.3. Application.4. Act to bind Crown.

PART II-GENERAL INTERPRETATION PROVISIONS.

5. Definitions applicable to written laws.6. Application of definitions.7. Construction of written laws subject to legislative power of State.8. Law always speaking.9. Parts of speech and grammatical forms.

10. Gender and number.11. References to Sovereign.12. References in written law to Minister.13. References to British subject, etc.14. References by number to be Inclusive.15. Construction of internal references to section, etc.16. Reference to written law as amended.17. Disjunctive construction of "or".18. Regard to be had to purpose or object.19. Use of extrinsic material in interpretation.

PART III-COMMENCEMENT AND CITATION.

20. Commencement of Acts.21. Time of commencement of written laws.22. Effective date of commencement provision where proclamation required.23. Construction of power to fix commencement day of Act.24. Evidence of date of assent.25. Exercise of powers before commencement.26. Citation of written laws.27. References in written law to day of commencement.

PART IV-PROVISIONS AS TO ENACTMENT ANDOPERATION OF WRITTEN LAW.

28. Acts deemed public Acts.29. Sections to be substantive enactments.30. Act may be amended in same session.31. Preambles, schedules, etc.32. Headings, marginal notes and footnotes.

PART V-REPEAL OF WRITTEN LAW.

Section.33. Repeal of written law as amended.34. Repeal of repeal.35. Repeal and substitution.36. Effect of substituting provisions.37. General savings on repeal.38. Effect of repeal of Act on subsidiary legislation.39. Effect of expiry of written law.

PART VI-SUBSIDIARY LEGISLATION.

40. Governor to make subsidiary legislation.41. Publication and commencement of subsidiary legislation.42. Laying regulations, rules and by-laws before Parliament, and disallowance.43. General provisions regarding power to make subsidiary legislation.44. Words and expressions in subsidiary legislation.45. Fees and charges.46. Reference to written law to include subsidiary legislation.47. Acts under subsidiary legislation deemed done under Act.

PART VII-STATUTORY POWERS AND DUTIES.

48. Time for exercise of power or performance of duty.49. Reference to holder of office includes successors.50. Construction of enabling words.51. Power to issue licences etc. discretionary.52. Power to appoint includes power to suspend, dismiss, etc.53. Appointments by name or office.54. Power of majority, quorum, etc.55. Exercise of power may be corrected.56. "May" imports a discretion, "shall" is imperative.57. Power of board etc. not affected by vacancy or certain defects.58. Exercise of certain powers by delegate.59. Construction of power to delegate.60. Governor to act with advice of Executive Council.

PART VIII-PROVISIONS REGARDING TIME ANDDISTANCE.

61. Computation of time.62. Reckoning of months.63. Provision where no time fixed.64. Construction of power to extend time.65. Measurement of distance.

PART DI-PROCEDURES AND PENALTIES.

66. Rules of Court.67. Recovery of penalties.68. Double jeopardy.69. Application of penal laws to bodies corporate.70. Prescription of maximum, minimum, daily and cumulative penalties.71. Continuing offences.72. Statement of penalty at end of provision.

PART X-MISCELLANEOUS PROVISIONS.

73. State deemed established 1 June 1829.74. Deviation in forms.75. Service of documents by post.76. Service of documents generally.77. Repeal.

WESTERN AUSTRALIA.

INTERPRETATION.

No. 12 of 1984.

AN ACT to amend and consolidate the law relating tothe construction, application, interpretation,and operation of written law; to provide for theexercise of statutory powers and duties; and toprovide for connected or incidental purposes.

[Assented to 31 May 1984.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent

of the Legislative Council and the LegislativeAssembly of Western Australia, in this presentParliament assembled, and by the authority of thesame, as follows:—

PART I-PRELIMINARY.

1. This Act may be cited as the Interpretation Short title.

Act 1984.

Commence-ment.

Application.

Act to bindCrown.

No. 12.] Interpretation. [1984.

2. This Act shall come into operation on 1 July1984.

3. (1) The provisions of this Act apply to everywritten law, whether the law was enacted, passed,made, or issued before or after the commencementof this Act, unless in relation to a particular writtenlaw

(a) express provision is made to the contrary;

(b) in the case of an Act, the intent and objectof the Act or something in the subject orcontext of the Act is inconsistent with suchapplication; or

(c) in the case of subsidiary legislation, theintent and object of the Act under whichthat subsidiary legislation is made is in-consistent with such application.

(2) The provisions of this Act apply to this Actas they apply to an Act passed after this Act com-mences.

(3) A reference in section 17, 25, 43 (6), 45, 50 or64 to an Act, written law, enactment, or subsidiarylegislation passed or made after the commencementof this Act shall be construed so as not to includeany enactment which continues or directly amends,but does not repeal entirely, the text of an existingwritten law.

4. This Act binds the Crown.

Definitionsapplicableto writtenlaws.

PART II-GENERAL INTERPRETATION PROVISIONS.

5. In this Act and every other written law

"act" used with reference to an offence or civilwrong includes an omission and extendsto a series of acts or omissions or a seriesof acts and omissions;

1984.] Interpretation. [No. 12.

"Act" means any Act or Ordinance passed bythe Parliament of Western Australia, orby any Council previously having authorityor power to pass laws in Western Aus-tralia, such Act or Ordinance having beenassented to by or on behalf of Her Majesty;

"affidavit" in the case of persons allowed bylaw to affirm or to declare instead ofswearing, includes affirmation and de-claration;

"amend" means replace, substitute, in wholeor in part, add to or vary, and the doingof any 2 or more of such things simul-taneously or by the same written law;

"Auditor General" means the Auditor Generalappointed under the Audit Act 1904;

"Australia" means the Commonwealth of Aus-tralia;

"bank holiday" in relation to an area, means aday that is appointed or declared a bankholiday for that area by or under thePublic and Bank Holidays Act 1972;

"book"—

(a) when used in relation to the record-ing of accounting or financialinformation, includes any methodor system of recording such in-formation that has been approved bythe Treasurer; and

(b) when used in relation to the record-ing of information other thanaccounting or financial information,includes any method or system ofrecording such information that hasbeen approved by the Minister towhom the administration of therelevant enactment has been com-mitted by the Governor;


"British possession" means any part of HerMajesty's dominions outside the UnitedKingdom; and where parts of such domi-nions are under both a central and locallegislature, all parts under the centrallegislature are deemed, for the purposes ofthis definition, to be one British possession;

"by-law" means a by-law made under the Actin which the term is used;

"commencement" in relation to an enactment,means the time when the enactment cameor comes into operation;

"Commonwealth" means the Commonwealth ofAustralia;

"Commonwealth Act" or "Act of the Common-wealth" means an Act passed by the Parlia-ment of the Commonwealth;

"Consolidated Revenue Fund" means theConsolidated Revenue Fund referred to insection 64 of the Constitution Act 1889;

"contravene" in relation to any requirement orcondition prescribed in a written law or inany grant, permit, lease, licence, or otherauthority under a written law, includes afailure to comply with that requirement orcondition;

"court of summary jurisdiction" or "court ofpetty sessions" means any justice ormagistrate to whom jurisdiction is given by,or who is authorized to act under, theJustices Act 1902, and whether acting there-under, or under any other Act, or by virtueof his commission, or under the commonlaw;

"definition" means the interpretation given byany written law to a word or expression;


"District Court" means The District Courtof Western Australia established by theDistrict Court of Western Australia Act1969;

"District Court Judge" means a Judge or actingJudge of the District Court;

"document" includes any publication and anymatter written, expressed, or described uponany substance by means of letters, figures,or marks, or by more than one of thosemeans, which is intended to be used or maybe used for the purpose of recording thatmatter;

"enactment" means a written law or any portionof a written law;

"estate" in relation to land, includes any legalor equitable estate or interest, easement,right, title, claim, demand, charge, lien, orencumbrance in, over, to, or in respect ofthe land;

"financial year" means the period of 12 monthsending on 30 June;

"function" includes powers, duties, respon-sibilities, authorities, and jurisdictions;

"Gazette" or "Government Gazette" means theGovernment Gazette of Western Australiaprinted and published, or purporting to beprinted and published, by the GovernmentPrinter and includes any supplement to theGazette;

"Government" means the Government of theState;

"Government Printer" means the GovernmentPrinter of the State and any other printerauthorized by or on behalf of the Govern-ment to print any written law or any otherdocument of the Government;


"Governor" means the Governor of the State andincludes the officer for the time beingadministering the Government of the State;

"Her Majesty", "His Majesty", "the Queen","the King", or "the Crown" means theSovereign of the United Kingdom, Australiaand Her other Realms and Territories, andHead of the Commonwealth and includesthe predecessors and the heirs and succes-sors of the Sovereign;

"Imperial Act" means an Act passed by theParliament of the United Kingdom;

"individual" means a natural person;

"Judge" means a Judge or acting Judge of theSupreme Court;

"justice" means a Justice of the Peace;

"land" includes buildings and other structures,land covered with water, and any estate,interest, easement, servitude or right in orover land;

"Local Court" means a Local Court establishedor deemed to have been established underthe Local Courts Act 1904;

"magistrate" means a stipendiary magistrateappointed under the Stipendiary Magis-trates Act 1957;

"Minister" has the meaning given in section 12;

"month" has the meaning given in section 62;

"oath" in the case of persons allowed by lawto affirm or to declare instead of swearing,includes affirmation and declaration;

"Parliament" means the Parliament of theState;


"penalty" means a fine, imprisonment, orother form of punishment, including thesuspension or cancellation of a licence,registration or permit and disqualificationfrom obtaining a licence, registration orpermit;

"perform" in relation to functions, includesthe exercise of a power, responsibility,authority or jurisdiction;

"Permanent Head"—

(a) when used in relation to a depart-ment of the Government, an officein a department of the Government,or an officer or person employed ina department of the Government,means the officer or other personimmediately responsible for thegeneral management of the depart-ment to the Minister for the timebeing administering the depart-ment; and

(b) when used otherwise than in thecircumstances referred to in para-graph (a), means the officer orother person immediately respons-ible to the Minister for the generalmanagement of the department ofthe Government which is for thetime being assisting the Minister inadministering the written law inwhich the term is used;

"person" or any word or expression descriptiveof a person includes a public body, com-pany, or association or body of persons,corporate or unincorporate;

"petty sessional court-house" means any court-house or place where a court of pettysessions is accustomed to be held;


"police officer" means a person appointed

(a) under Part I of the Police Act 1892,to be a member of the Police Forceof Western Australia; or

(b) under Part III of the Police Act1892, to be a special constable;

"power" includes any privilege, authority, ordiscretion;

"prescribed" means

(a) prescribed by or under the writtenlaw in which the word occurs; and

(b) in a case where reference is madeto anything prescribed by a writtenlaw other than the law in which theword occurs, includes anything pre-scribed by subsidiary legislationmade under that other written law;

"proclamation" means a proclamation madeby the Governor and published in theGazette;

"publication" means

(a) all written and printed matter;

(b) any record, tape, wire, perforatedroll, cinematograph film or imagesor other contrivance by means ofwhich any words or ideas may bemechanically, electronically, orelectrically produced, reproduced,represented, or conveyed;

(c) anything whether of a similarnature to that described in para-graph (b) of this definition or not,containing any visible representa-tion, or by its form, shape, or in anymanner capable of producing,reproducing, representing, or con-veying words or ideas; and


(d) every copy and reproduction of apublication as defined in para-graphs (a), (b) and (c) of thisdefinition;

"public half-holiday" in relation to an area,means a part of a day that is appointedor declared a public half-holiday for thatarea by or under the Public and BankHolidays Act 1972;

"public holiday" in relation to an area, meansa day that is appointed or declared apublic holiday for that area by or underthe Public and Bank Holidays Act 1972;

"Public Service Board" means the Public Ser-vice Board established by the PublicService Act 1978;

"public service holiday" means a holiday pre-scribed as such under the Public ServiceAct 1978;

"regulation" means a regulation made underthe Act in which the term is used;

"repeal" includes rescind, revoke, cancel, ordelete;

"Royal Assent" means assent by or in the nameof Her Majesty;

"rule" means a rule made under the Act inwhich the term is used;

"rules of court" has the meaning given bysection 66;

"sell" includes barter, exchange, offer to sell andexpose for sale;

"sign" includes the affixing or making of a seal,mark or thumbprint;


"sitting days" in relation to either House ofParliament, means days on which suchHouse actually sits;

"State" means a State of the Commonwealth;

"statutory declaration" means

(a) if made in Western Australia, adeclaration made under the EvidenceAct 1906 or the Declarations andAttestations Act 1913;

(b) if made in Australia, elsewhere thanin Western Australia, or in the UnitedKingdom or a country or territoryforming part of the Commonwealthof Nations, a declaration made beforea justice, notary public, commissionerfor oaths or other person havingauthority in that place under anylaw for the time being in force to takeor receive a declaration;

(c) if made in any other place, a declara-tion made before an Australianconsular officer or an Australiandiplomatic officer or a British consulor vice consul or before any personhaving authority under any ImperialAct or any Commonwealth Act or Actof the Parliament of Western Aus-tralia, for the time being in force, totake or receive a declaration;

"subsidiary legislation" means any proclama-tion, regulation, rule, by-law, order, notice,rule of court, town planning scheme,resolution, or other instrument, made underany written law and having legislativeeffect;

"summary conviction" means a conviction by acourt of summary jurisdiction;


"Supreme Court" means the Supreme Court ofWestern Australia;

"swear" in the case of persons allowed by lawto affirm or declare instead of to swear,includes to affirm and to declare;

"the State" or "this State" means the State ofWestern Australia;

"Territory" means a Territory of the Common-wealth;

"under" in relation to a written law or a provi-sion of a written law, includes "by", "inaccordance with", "pursuant to" and "byvirtue of";

"United Kingdom" means the United Kingdomof Great Britain and Northern Ireland;

"Valuer-General" means the Valuer-Generalappointed under the Valuation of Land Act1978;

"will" includes a codicil and every writingmaking a voluntary posthumous dispositionof property;

"words" includes figures and symbols;

"writing" and expressions referring to writinginclude printing, photography, photocopy-ing, lithography, typewriting and any othermodes of representing or reproducing wordsin visible form;

"written law" means all Acts for the time beingin force and all subsidiary legislation forthe time being in force;

"year" means a period of 12 months.

6. Definitions or rules of interpretation containedin a written law apply to the construction of theprovisions of the written law that contain thosedefinitions or rules of interpretation as well as toother provisions of that written law.

Applicationofdefinitions.


ofconstruction 7. Every written law shall be construed subjectlaws to the limits of the legislative power of the Statesubject tolegislative and so as not to exceed that power to the intentpower ofState. that where any enactment thereof, but for this

section, would be construed as being in excess ofthat power, it shall nevertheless be valid to the extentto which it is not in excess of that power.

Law alwaysspeaking.

Parts ofspeech andgrammaticalforms.

Gender andnumber.

References toSovereign.

8. A written law shall be considered as alwaysspeaking and whenever a matter or thing isexpressed in the present tense, it shall be applied tothe circumstances as they arise, so that effect maybe given to every part of the law according to itstrue spirit, intent, and meaning.

9. Where a word or phrase is defined in a writtenlaw, other parts of speech and grammatical formsof that word or phrase have corresponding meanings.

10. In any written law

(a) words importing the masculine genderinclude the feminine;

(b) words importing the feminine genderinclude the masculine;

(c) words in the singular number include theplural and words in the plural numberinclude the singular.

11. A reference in a written law to the Sovereignreigning at the time the law was enacted or made,or to the Crown, shall be construed as a referenceto the Sovereign for the time being.

Referencesin writtenlaw toMinister.

12. A reference in a written law to the Ministershall be construed

(a) in the case of a reference in an Act, as areference to the Minister of the Crown towhom the administration of the Act, or the


provision of the Act, in which or in respectof which the term is used, is for the timebeing committed by the Governor;

(b) in the case of a reference in subsidiarylegislation, as a reference to the Ministerof the Crown to whom the administrationof the Act, or the provision of the Act, underwhich the subsidiary legislation is made, isfor the time being committed by theGovernor; and

(c) so as to include a Minister of the Crown forthe time being acting for or on behalf ofthe Minister referred to in paragraph (a)or (b), as the case may require.

Referencesto Britishsubject, etc.

13. (1) In this section

"Commonwealth Act" means the AustralianCitizenship Act 1948 of the Parliament ofthe Commonwealth, as amended;

"law of the State" means a written law in forcein the State.

(2) A reference in any law of the State to a Britishsubject or to a natural born or naturalized subjectof Her Majesty or to any other like expression, shallbe read as a reference to an Australian citizen andto any other person who, under the CommonwealthAct, has the status of a British subject or has thestatus of a British subject without citizenship.

(3) Where a rule of law applies to, or in relationto, or has effect with respect to a British subject,that rule of law applies to, or in relation to, or haseffect with respect to an Australian citizen and anyother person who, under the Commonwealth Act, hasthe status of a British subject or has the status ofa British subject without citizenship, as if thatAustralian citizen or other person were a Britishsubject.

Referencesby numberto beinclusive.

Constructionof internalreferences tosection etc.

Reference towritten lawas amended.


14. A reference in a written law by number orletter or by number and letter to 2 or more portionsof a written law shall be construed as including theportion described by the reference first-mentionedand the portion described by the reference last-mentioned.

15. (1) Where in an Act reference is made to aPart, Chapter, section, schedule, appendix, or formwithout anything in the context to indicate that areference to a Part, Chapter, section, schedule,appendix, or form of or to some other Act is intended,the reference shall be construed as a reference to aPart, Chapter, section, schedule, appendix, or formof or to the Act in which the reference is made.

(2) Where in a provision of an Act reference ismade to a subsection, paragraph, subparagraph, orother division without anything in the context toindicate that a reference to a subsection, paragraph,subparagraph, or other division of some other provi-sion is intended, the reference shall be construedas a reference to a subsection, paragraph, subpara-graph, or other division of the provision in whichthe reference is made.

(3) Where in a schedule to an Act reference ismade to a clause, subclause, paragraph or otherdivision without anything in the context to indicatethat a reference to a clause, subclause, paragraph,or other division of some other provision is in-tended, the reference shall be construed as areference to a clause, subclause, paragraph, or otherdivision of the schedule or provision of the schedulein which the reference is made.

(4) The provisions of subsections (1), (2), and(3) shall apply, subject to the necessary modifica-tions, to the construction of subsidiary legislation.

16. (1) A reference in a written law to a writtenlaw shall be deemed to include a reference to suchwritten law as it may from time to time beamended.


(2) A reference in a written law to a provision ofa written law shall be construed as a reference tosuch provision as it may from time to time beamended.

(3) A reference in a written law to an ImperialAct or a Commonwealth Act, or to a provision ofan Imperial Act or a Commonwealth Act, shall beconstrued so as to include a reference to such Actor provision as it may from time to time beamended.

17. In relation to a written law passed or madeafter the commencement of this Act, but subjectto section 3(3), "or", "other", and "otherwise" shallbe construed disjunctively and not as implyingsimilarity unless the word "similar" or some otherword of like meaning is added.

DisiunctiveConstructionof "or".

18. In the interpretation of a provision of a alto be

written law, a construction that would promote the gigeots. e or

purpose or object underlying the written law(whether that purpose or object is expressly statedin the written law or not) shall be preferred to aconstruction that would not promote that purposeor object.

19. (1) Subject to subsection (3), in the inter- YrSfrgSlepretation of a provision of a written law, if any =Wanmaterial not forming part of the written law is tion•capable of assisting in the ascertainment of themeaning of the provision, consideration may begiven to that material

(a) to confirm that the meaning of the provi-sion is the ordinary meaning conveyed bythe text of the provision taking intoaccount its context in the written law andthe purpose or object underlying thewritten law; or

(b) to determine the meaning of the provisionwhen-

(i) the provision is ambiguous orobscure; or


(ii) the ordinary meaning conveyed bythe text of the provision taking intoaccount its context in the written lawand the purpose or object underlyingthe written law leads to a result thatis manifestly absurd or is unreason-able.

(2) Without limiting the generality of subsection(1), the material that may be considered in accord-ance with that subsection in the interpretation ofa provision of a written law includes

(a) all matters not forming part of the writtenlaw that are set out in the documentcontaining the text of the written law asprinted by the Government Printer;

(b) any relevant report of a Royal Commission,Law Reform Commission, committee ofinquiry or other similar body that was laidbefore either House of Parliament beforethe time when the provision was enacted;

(c) any relevant report of a committee ofParliament or of either House of Parlia-ment that was made to Parliament or thatHouse of Parliament before the time whenthe provision was enacted;

(d) any treaty or other international agree-ment that is referred to in the written law;

(e) any explanatory memorandum relating tothe Bill containing the provision, or anyother relevant document, that was laidbefore, or furnished to the members of,either House of Parliament by a Ministerbefore the time when the provision wasenacted;

(f) the speech made to a House of Parliamentby a Minister on the occasion of the movingof a motion that the Bill containing theprovision be read a second time in thatHouse;


(g) any document (whether or not a documentto which a preceding paragraph applies)that is declared by the written law to bea relevant document for the purposes of thissection; and

(h) any relevant material in any official recordof proceedings in either House ofParliament.

(3) In determining whether consideration shouldbe given to any material in accordance with subsec-tion (1), or in considering the weight to be givento any such material, regard shall be had, inaddition to any other relevant matters, to

(a) the desirability of persons being able torely on the ordinary meaning conveyed bythe text of the provision taking into accountits context in the written law and thepurpose or object underlying the writtenlaw; and

(b) the need to avoid prolonging legal orother proceedings without compensatingadvantage.

PART III-COMMENCEMENT AND CITATION.

20. (1) Every Act to which the Royal Assenthas been given before 1 July 1984 shall be deemedto have come into operation on the day on whichthat Act received the Royal Assent, unless the con-trary intention appears in the Act.

(2) Every Act to which the Royal Assent is givenon or after 1 July 1984 shall, unless the contraryintention appears in that Act, come into operationon the 28th day after the day on which that Actreceives the Royal Assent.

(3) Every Act reserved for the signification of HerMajesty's pleasure on or after 1 July 1984 shall,unless the contrary intention appears in that Act,come into operation on the day on which HerMajesty's assent is proclaimed in the Gazette.

Commence-ment ofActs.

Time ofcommence-ment ofwrittenlaws.

Effectivedate ofcommence-mentprovisionwhereproclama-tionrequired.


21. Where any written law, or portion of awritten law, comes into operation on a particularday, it shall come into operation at the beginningof that day.

22. Notwithstanding section 20 (2), where anAct provides that the Act, or portion of the Act, isto come into operation on a day to be fixed byproclamation, that provision and the provisionproviding for the short title of the Act, unless it isotherwise expressly provided, shall come intooperation on the day on which the Act receives theRoyal Assent.

Constructionof pow r to 23. A power to fix a day on which an Act shalle mean

m-ement come into operation does not include power to

day of Act. fix

(a) a day prior to the day on which the pro-clamation fixing the day is published inthe Gazette; or

(b) different days for different provisions ofthat Act,

unless express provision is made in that behalf.

Evidence ofdate ofassent.

Exercise ofpowersbeforecommence-ment.

24. Where a date appearing on a copy of an Actprinted, or purporting to be printed, by the Govern-ment Printer, purports to be the date on whichthe Governor assented to such Act or to a portionthereof, or proclaimed in the Gazette Her Majesty'sassent to such Act or portion, that date as soappearing shall be evidence that it was the dateon which the Governor so assented, or made knownHer Majesty's assent, and shall be judicially noticedaccordingly.

25. (1) Where a provision of an Act does notcommence on the passing of the Act and thatprovision would, if it had commenced, confer powerto

(a) make an instrument of a legislative oradministrative character;

(b) give or serve a notice or other document;


(c) appoint a person to a specified office;

(d) establish a specified body of persons,whether incorporated or not; or

(e) do any other thing for the purposes of theAct,

then the power may, notwithstanding that thatprovision has not commenced, but subject to sub-sections (3) and (4), be exercised at any time afterthe passing of the Act to the extent that it isnecessary or expedient for the purpose of bringingthe Act, or provisions of the Act, into operation, orgiving full effect to the Act, or provisions of the Act,when or after that provision commences.

(2) Where

(a) a provision of an Act does not commenceon the passing of the Act and the provisionwould, if it had commenced, amend anotherAct; and

(b) a provision of that other Act would, if thefirst-mentioned provision had commenced,confer power to-

(i) make an instrument of a legislativeor administrative character;

(ii) give or serve a notice or otherdocument;

(iii) appoint a person to a specified office;

(iv) establish a specified body of personswhether incorporated or not; or

(v) do any other thing for the purposesof that other Act,

then the power may, notwithstanding thatthe first-mentioned provision has notcommenced, but subject to subsections (3)and (4), be exercised at any time after the


passing of the Act in which the first-men-tioned provision is contained to the extentthat it is necessary or expedient for thepurpose of giving full effect to that otherAct, or provisions of that other Act, whenor after the first-mentioned provisioncommences.

(3) Where a power to make an instrument of alegislative or administrative character, or to give orserve a notice or other document, is exercised asprovided in subsection (1) or in subsection (2), thatinstrument, notice, or document shall take effect

(a) on the day on which the provision referredto in subsection (1) or, as the case may be,the provision first-mentioned in subsection(2) commences; or

(b) on the day on which it would have takeneffect, if at the time when the instrumentwas made or the notice or document wasgiven or served, the provision so mentionedor first-mentioned had commenced,

whichever is the latter.

(4) Where a power to appoint a person to aspecified office, or to establish a specified body ofpersons, is exercised as provided in subsection (1)or subsection (2), the person so appointed may actin that office, or, as the case may be, the body soestablished may meet and perform and exercise itsfunctions, duties, and powers, but only for a purposereferred to in subsection (1) or subsection (2)(whichever of those subsections is applicable); andfor the purposes of any provision as to the durationof the term of office of the person or a member ofthe body, that term does not begin until the relevantprovision referred to in subsection (1) or subsection(2), as the case may be, commences.

(5) Subject to section 3 (3), this section appliesto Acts passed after the commencement of this Act.


26. (1) Where a written law is referred to, it shall gtig:inbe sufficient for all purposes to cite or refer to that laws•written law by

(a) the short title or the citation (if any) bywhich it was made citable; or

(b) in the case of an Act, the year in which itwas passed and its number among the Actsof that year.

(2) A provision of a written law may be cited byreference to the Part, section, regulation, rule, clauseor other division of the written law in which theprovision is contained.

(3) Subject to subsection (4), the citation of orreference to any written law shall in all cases bemade according to the copy of such written lawprinted, or purporting to be printed, by the Govern-ment Printer.

(4) Where

(a) immediately before the commencement ofthis Act, an Act was in force as amended;and

(b) it is provided that the Act may be cited by amethod of citation that contains figuresreferring to 2 years,

that provision is amended by omitting so much ofthe method of citation as follows the reference tothe first of those years.

27. A reference in a written law to the day ofcoming into operation or to the commencement ofa written law shall, where different provisions ofthe written law come or came into operation ondifferent days, be construed as a reference to theday of coming into operation of the appropriateprovisions of that written law.

Referencesin writtenlaw to dayof com-mencement.


PART IV-PROVISIONS AS TO ENACTMENTAND OPERATION OF WRITTEN LAW.

Acts deemedpublic Acts.

Preambles,schedules,etc.

Headings,marginalnotes andfootnotes.

28. Every Act passed after 13 April 1853 shall bedeemed to be a public Act unless the contrary isexpressly provided in the Act and shall be judiciallynoticed as such.

29. Every section of an Act takes effect as asubstantive enactment without introductory words.

30. An Act may be amended or repealed in thesame session of Parliament as that in which it waspassed.

31. (1) The preamble to a written law forms partof the written law and shall be construed as a partthereof intended to assist in explaining its purportand object.

(2) An appendix or schedule to or a table in awritten law, together with any notes thereto, formspart of the written law.

32. (1) The headings of the Parts, divisions andsubdivisions into which a written law is divided formpart of the written law.

(2) A marginal note or footnote to a written lawand, in a context where there is no marginal notewith respect to the relevant provision and notwith-standing subsection (1), a heading to a section,regulation, rule, by-law, or clause of a written law,or to a portion of a section, regulation, rule, by-lawor clause of a written law, shall be taken not to bepart of the written law.

Sections tobe sub-stantiveenactments.

Act may beamendedIn samesession.

PART V-REPEAL OF WRITTEN LAW.

Repeal ofwritten lawas amended.

33. Where a written law which has been amendedby any other written law is repealed, such repealshall include the repeal of all those provisions ofsuch other written law by which the first-mentionedwritten law was amended.


34. Where a written law repeals a repealingenactment, the repeal does not revive any enactmentpreviously repealed unless words are added revivingit.

35. Where a written law repeals an enactmentand substitutes provisions for the enactmentrepealed, the repealed enactment remains in opera-tion until the substituted provisions come intooperation.

Repeal ofrepeal.

Repeal andsubstitution.

36. Where a written law repeals and re-enacts, ff:gigtingwith or without modification, any enactment— provisions.

(a) all districts or other local divisions or areas;(b) all councils, corporations, boards, tribunals,

commissions, trusts, or other bodies consti-tuted, and all elections and appointments ofmembers thereof made; and

(c) all offices constituted and appointments ofofficers made;

(d) all subsidiary legislation, warrants, certi-ficates, and documents made; and

(e) all other acts, matters, and things what-soever,

which, at the commencement of the repealing law,are respectively in existence, or in force or operation,under or for the purposes of such provision, shall, inso far as is consistent with the repealing law,subsist and enure for the purposes of such law andshall continue as if the repealing law had been inoperation when they respectively originated orwere constituted, made or done and they had origi-nated or been constituted, made or done underthat law.

37. (1) Where a written law repeals an enact-ment, the repeal does not, unless the contraryintention appears

(a) revive anything not in force or existing atthe time at which the repeal takes effect;

Generalsavingson repeal.


(b) affect the previous operation of the enact-ment repealed or anything duly done orsuffered under that enactment;

affect any right, interest, title, power orprivilege created, acquired, accrued, estab-lished or exercisable or any status orcapacity existing prior to the repeal;

(d) affect any duty, obligation, liability, orburden of proof imposed, created, or in-curred prior to the repeal;

(e) subject to section 11 of The Criminal Code,affect any penalty or forfeiture incurred orliable to be incurred in respect of anoffence committed against that enact-ment;

affect any investigation, legal proceedingor remedy in respect of any such right,interest, title, power, privilege, status,capacity, duty, obligation, liability, burdenof proof, penalty or forfeiture,

and any such investigation, legal proceeding orremedy may be instituted, continued, or enforced,and any such penalty or forfeiture may be imposedand enforced as if the repealing written law hadnot been passed or made.

(2) The inclusion in the repealing provisions ofan enactment of any express saving with respectto the repeals effected thereby shall not be takento prejudice the operation of this section with re-spect to the effect of those repeals.

(c)

(f)

Effect ofrepeal ofAct onSubsidiarylegislation.

38. (1) Where an Act

(a) repeals an Act and substitutes other pro-visions therefor; or

(b) repeals and re-enacts an Act, with orwithout modification,

any subsidiary legislation made under the repealedAct and in operation immediately before the com-mencement of the repealing Act shall, so far as it is


consistent with the repealing Act, continue inoperation and have effect for all purposes as ifmade under the repealing Act.

(2) Subsidiary legislation which continues inoperation under subsection (1) may be amended orrepealed as if it had been made under the repealingAct.

39. Upon the expiry or lapse of any enactment, =ffthe provisions of section 37 apply as if that enact- written law.

ment had been repealed.

PART VI-SUBSIDIARY LEGISLATION.

40. If a written law provides that subsidiary =earner to

legislation may or shall be made and does not pro- es s;Mg.vide by whom such subsidiary legislation may orshall be made, any subsidiary legislation madeunder such a provision shall be made by theGovernor.

41. (1) Where a written law confers power tomake subsidiary legislation, all subsidiary legisla-tion made under that power shall

(a) be published in the Gazette;(b) subject to section 42, come into operation

on the day of publication, or whereanother day is specified or provided for inthe subsidiary legislation, on that day.

(2) A power to fix a day on which subsidiarylegislation shall come into operation does not in-clude power to fix different days for different pro-visions of that legislation unless express provisionis made in that behalf.

Publicationandcommence-ment ofsubsidiarylegislation.

42. (1) All regulations shall be laid before each Millions,House of Parliament within 6 sitting days of such V..7: ,?;:dHouse next following publication of the regulations DVT:ment,in the Gazette. and disallow-

ance.


(2) Notwithstanding any provision in any Act tothe contrary, if either House of Parliament passesa resolution disallowing any regulations of whichresolution notice has been given within 14 sittingdays of such House after such regulations have beenlaid before it or if any regulations are not laid beforeboth Houses of Parliament in accordance with sub-section (1), such regulations shall thereupon ceaseto have effect, but without affecting the validity orcuring the invalidity of anything done or of theomission of anything in the meantime.

(3) Subsection (2) applies notwithstanding thatthe period of 14 days referred to in that subsection,or part of that period, does not occur in the samesession of Parliament or during the same Parliamentas that in which the regulations are laid before theHouse concerned.

(4) Notwithstanding any provision in any Act tothe contrary, if both Houses of Parliament at anytime pass a resolution originating in either Houseamending any such regulations or substitutingother regulations for that which has been disallowedby either House under subsection (2), then on thepassing of any such resolution

(a) amending regulations, the regulations soamended shall, after the expiration of 7days from the publication in the Gazetteof the notice provided for in subsection (5),take effect as so amended;

(b) substituting regulations in place of regula-tions disallowed, the regulations so sub-stituted shall, after the expiration of 7 daysfrom the publication in the Gazette of thenotice provided for in subsection (5), takeeffect in place of that for which the regula-tions are so substituted.

(5) When a resolution has been passed undersubsection (2) or (4), notice of such resolution shallbe published in the Gazette within 21 days of thepassing of the resolution.


(6) Notwithstanding section 37 (1), where(a) regulations are disallowed under this

section or are not laid before both Housesof Parliament in accordance with subsec-tion (1); and

(b) those regulations amended or repealedregulations that were in operation immedi-ately before the first-mentioned regulationscame into operation,

the disallowance or failure to comply with subsection(1) revives the previous regulations on and after theday of the disallowance or, in the case of failure tocomply with subsection (1), on and after the daynext following the last day for compliance with sub-section (1).

(7) If a written law empowers or directs themaking of regulations by a person other than theGovernor and requires that the regulations beconfirmed or approved by the Governor or by anyother person or authority before having the forceof law, subsection (1) does not apply to such regula-tions unless they have been confirmed or approvedas so required.

(8) In this section(a) a reference to regulations shall be construed

as including a reference to a regulation orpart of a regulation; and

(b) "regulations" includes rules and by-laws.

43. (1) Subsidiary legislation shall not be incon-sistent with the provisions of the written law underwhich it is made, or of any Act, and subsidiarylegislation shall be void to the extent of any suchinconsistency.

(2) Where any subsidiary legislation purports tobe made in exercise of a particular power or powers,it shall be deemed also to be made in exercise of allpowers under which it may be made.

(3) It shall be presumed, in the absence ofevidence to the contrary, that all conditions and

Generalprovisionsregardingpower tomakesubsidiary


preliminary steps precedent to the making of sub-sidiary legislation have been complied with andperformed.

(4) Where a written law confers a power to makesubsidiary legislation, it shall be deemed also toinclude a power exercisable in the like manner andsubject to the like conditions (if any) to amend orrepeal any such subsidiary legislation.

(5) Where a written law confers power on aperson to make subsidiary legislation for anygeneral purpose and also for any special purposesincidental thereto, the enumeration of the specialpurposes shall not derogate from the generality ofthe powers conferred with reference to the generalpurpose.

(6) Subject to section 3 (3), regulations, rules orby-laws made under a power conferred by an enact-ment passed after the commencement of this Actmay provide that contravention of a provisionthereof constitutes an offence and may provide fora penalty in respect of such a contravention notexceeding a fine of $1 000.

(7) A power to make subsidiary legislation maybe exercised

(a) either in relation to all cases to which thepower extends, or in relation to all thosecases subject to specified exceptions, or inrelation to any specified case or class ofcase; and

(b) so as to make, as respects the cases inrelation to which it is exercised-

(i) the same provision for all cases inrelation to which the power isexercised, or different provision fordifferent cases or classes of case, ordifferent provisions for the same caseor class of case for different purposesof the legislation; or

(ii) any such provision either uncondi-tionally or subject to any specifiedcondition.

1984 .1 Interpretation. [No. 12.

(8) Subsidiary legislation may be made

(a) so as to apply-

(i) at all times or at a specified time;

(ii) throughout the State or in a specifiedpart of the State;

(b) so as to require a matter affected by thelegislation to be-

(i) in accordance with a specifiedstandard or specified requirement;

(ii) approved by or to the satisfaction ofa specified person or body or a speci-fied class of person or body;

(c) so as to confer a discretionary authority ona specified person or body or a specified classof person or body; and

(d) so as to provide, in a specified case or classof case for the exemption of persons orthings or a class of persons or things fromthe provisions of the subsidiary legislation,whether unconditionally or on specifiedconditions or conditions additionallyimposed and either wholly or to such anextent as is specified or otherwise deter-mined.

(9) In subsections (7) and (8) "specified" meansspecified in the subsidiary legislation.

44. (1) Words and expressions used in subsidiary Worrdresmis

legislation shall have the same respective meanings peztstiltrY

as in the written law under which the subsidiarylegislation is made.

(2) A reference in subsidiary legislation to "theAct" shall be construed as a reference to the Actunder which the subsidiary legislation is made.

Fees andcharges.


45. (1) Where provision is made by subsidiarylegislation in respect of fees or charges, the sub-sidiary legislation may provide for all or any of thefollowing matters

(a) specific fees or charges;

(b) maximum or minimum fees or charges;

(c) maximum and minimum fees or charges;

(d) ad valorem fees or charges;

(e) the payment of fees and charges eithergenerally or under specified conditions orin specified circumstances; and

(f) the reduction, waiver or refund, in whole orin part, of such fees or charges.

(2) Where any reduction, waiver or refund, inwhole or in part, of any fee or charge is provided forby subsidiary legislation, such reduction, waiver orrefund may be expressed to apply or be applicableeither generally or specifically

(a) in respect of certain matters or transactionsor classes of matter or transaction;

(b) in respect of certain documents or classes ofdocument;

(c) when any event happens or ceases tohappen;

(d) in respect of certain persons or classes ofperson; or

(e) in respect of any combination of suchmatters, transactions, documents, events,or persons,

and may be expressed to apply or to be applicablesubject to such conditions as may be specified inthe subsidiary legislation or in the discretion ofany person specified in the subsidiary legislation.


(3) Subject to section 3(3), this section appliesto subsidiary legislation made under a power con-ferred by an enactment passed after the commence-ment of this Act.

46. (1) A reference in a written law to a writtenlaw shall be construed so as to include a referenceto any subsidiary legislation made under thatwritten law.

(2) A reference in a written law to an ImperialAct or a Commonwealth Act shall be construed soas to include a reference to any subsidiary legisla-tion made under that Act.

Reference towritten lawto includesubsidiarylegislation.

47. Any act done under subsidiary legislation tutlataryshall be deemed to be done under the written law legislation

under which the subsidiary legislation was made. IT under

PART VII-STATUTORY POWERS AND DUTIES.

48. Where a written law confers a power orimposes a duty, the power may be exercised and theduty shall be performed from time to time as occa-sion requires.

49. Where a written law confers a power orimposes a duty on the holder of a public office assuch, the power may be exercised and the dutyshall be performed by the person for the time beinglawfully holding, acting in, or performing the func-tions of the office.

Time forexercise ofpower orperformanceof duty.

Referenceto holderof officeincludessuccessors.

50. (1) Where a written law confers upon a gn,trbIlfriperson power to do or enforce the doing of any act words.

or thing, all such powers shall also be deemed to beconferred on the person as are reasonably neces-sary to enable him to do or to enforce the doing ofthe act or thing.


(2) Without prejudice to the generality of sub-section (1), where a written law confers power

(a) to provide for, prohibit, control or regu-late any matter, such power includespower to provide for the same by thelicensing or registration thereof or thegranting of permits and power to prohibitacts whereby the prohibition, control, orregulation of such matter might beevaded;

(b) to grant a licence, registration, lease,right, permit, authority, approval, orexemption, such power includes power toimpose reasonable conditions subject towhich such licence, registration, lease,right, permit, authority, approval orexemption may be granted;

(c) to approve any person, matter, or thing,such power includes power to withdrawapproval thereof;

(d) to give directions, such power includespower to express the same in the form ofprohibitions.

(3) Subject to section 3(3), this section appliesto written laws passed or made after the com-mencement of this Act.

Power toissuelicences etc.discre-tionary.

51. (1) Where a written law confers power upona person to issue, grant, give or renew any licence,registration, lease, right, authority, approval,permit, or exemption, the person so empowered shallhave a discretion either to issue, grant, give orrenew or to refuse to issue, grant, give or renewsuch licence, registration, lease, right, authority,approval, permit, or exemption.

(2) Nothing in this section shall affect any rightwhich may be conferred by any written law upona person to appeal against a refusal to issue, grant,give or renew any licence, registration, lease, right,authority, approval, permit, or exemption.


52. (1) Where a written law confers a power or riozfximposes a duty upon a person to make an appoint- 1)11:\ itentment to an office orposition, including an acting ,etc.appointment, the person having such power orduty shall also have the power

(a) to remove or suspend a person so appointedto an office or position, and to re-appoint orreinstate, any person appointed in exerciseof such power or duty;

(b) where a person so appointed to an office orposition is suspended or unable, or expectedto become unable, for any other cause toperform the functions of such office orposition, to appoint a person to acttemporarily in place of the person soappointed during the period of suspensionor other inability but a person shall not beappointed to so act temporarily unless heis eligible and qualified to be appointed tothe office or position; and

(c) to specify the period for which any personappointed in exercise of such a power orduty shall hold his appointment.

(2) For the purposes of subsection (1) (b),"cause" includes

(a) illness;

(b) temporary absence from the State; and

(c) conflict of interest.

(3) The validity of anything done by a personpurporting to act under an appointment made undersubsection (1) (b) shall not be called in questionon the ground that the occasion for his appoint-ment had not arisen or had ceased.

(4) Where a written law confers a power orimposes a duty upon a person to make an appoint-ment to an office or position and that power or dutyis exercisable only upon the notification or recom-mendation, or is subject to the approval,concurrence, or consent of some other person, thenthe powers conferred by paragraphs (a) to (c) of


subsection (1) shall only be exercisable upon suchnomination or recommendation or subject to suchapproval, concurrence, or consent.

(5) Nothing in this section affects the tenure ofoffice or position of any person under the expressprovisions of any written law.

Appoint-ments byname oroffice.

Power ormajority,quorum, etc.

53. Where a written law confers a power orimposes a duty upon a person to appoint or designatea person to

(a) perform any function;

(b) be a member of any board, tribunal, com-mission, committee, council, or othersimilar body, whether corporate or unincor-porate; or

(c) be or do any other thing,

that person may make the appointment ordesignation either by appointing or designating aperson by name or by appointing or designating theholder of an office by the term designating his office;and any such appointment or designation of theholder of an office shall be construed as theappointment or designation of the person from timeto time holding, acting in, or lawfully performingthe functions of the office.

54. (1) Where a written law confers or imposesa function upon a body or number of personsconsisting of not fewer than 3 persons, the functionmay be performed by a majority of those persons.

(2) Where a written law establishes a board,commission, committee, council or other similarbody consisting of 3 or more members (in thissection called an "association"),

(a) at a meeting of the association, a numberof members of the association equal to-

(i) at least one half of the number ofmembers provided for by the writtenlaw, if that number is a fixednumber; and

1984.1 Interpretation. [No. 12.

(ii) if the number of members providedfor by the written law is not a fixednumber but is within a range havinga maximum or minimum, at leastone half of the number of membersin office if that number is within therange,

constitutes a quorum; and

(b) an act or thing done by a majority of themembers of the association present at ameeting, if the members present constitutea quorum, shall be deemed to have beendone by the association.

55. Where a written law confers a power or rP),,rgSgigimposes a duty upon a person to do any act or thing be corrected.

of an administrative or executive character or tomake any appointment, the power or duty may beexercised or performed as often as is necessary tocorrect any error or omission in any previouspurported exercise or performance of the power orduty, notwithstanding that the power or duty is notin general capable of being exercised or performedfrom time to time.

56. (1) Where in a written law the word "may"'.11411.�Timpo;ts ais used in conferring a power, such word shall be 9slicarien'interpreted to imply that the power so conferred imperative.may be exercised or not, at discretion.

(2) Where in a written law the word "shall" isused in conferring a function, such word shall beinterpreted to mean that the function so conferredmust be performed.

57. Where a board, tribunal, commission, com- board council or other similar body, whether tirv=teeyd

corporate or unincorporate, is established under a arefeeerginwritten law, the powers of such a body shall not beaffected by

(a) any vacancy in the membership of thebody;


(b) any defect afterwards discovered in theappointment or qualification of a personpurporting to be a member of the body orthe deputy or alternate of a member;

(c) a minor irregularity in the convening orconduct of a meeting of the body; or

(d) the presence or participation at a meetingof a person not entitled to be present orparticipate.

Exercise ofcertainpowers bydelegate.

58. Where under a written law the performanceof a function by a person is dependent upon theopinion, belief, or state of mind of that person inrelation to a matter and that function has beendelegated under a written law, the function may beperformed by the delegate upon the opinion, belief,or state of mind of the delegate in relation to thatmatter.

Construc-tion ofPower todelegate.

59. (1) Where a written law confers power upona person to delegate the exercise of any power orthe performance of any duty conferred or imposedupon him under a written law

(a) such a delegation shall not preclude aperson so delegating from exercising orperforming at any time a power or duty sodelegated;

(b) such a delegation may be made subject tosuch conditions, qualifications, limitationsor exceptions as the person so delegatingmay specify;

(c) if the delegation may be made only with theapproval of some person, such delegation,and any amendment of the delegation, may


be made subject to such conditions, qualifi-cations, limitations or exceptions as theperson whose approval is required mayspecify;

(d) such a delegation may be made to aspecified person or to persons of a specifiedclass, or may be made to the holder orholders for the time being of a specifiedoffice or class of office;

(e) such a delegation may be amended orrevoked by instrument in writing signed bythe person so delegating;

(f) in the case of a power conferred upon aperson by reference to the term designatingan office, such a delegation shall not ceaseto have effect by reason only of a changein the person lawfully acting in or perform-ing the functions of that office.

(2) The delegation of a power shall be deemed toinclude the delegation of any duty incidental theretoor connected therewith and the delegation of a dutyshall be deemed to include the delegation of anypower incidental thereto or connected therewith.

(3) Where under a written law an act or thingmay or is required to be done to, by reference to orin relation to, a person and that person has undera written law delegated a relevant function conferredor imposed on him with respect to or in consequenceof the doing of that act or thing, the act or thingshall be regarded as effectually done if done to, byreference to or in relation to the person to whomthe said function has been delegated.

Governor toact withadvice ofExecutiveCouncil.

60. Where in a written law the Governor isauthorized or required to do any act, matter, orthing, it shall be taken to mean that such act,matter, or thing may or shall be done by theGovernor with the advice and consent of theExecutive Council.


PART VIII-PROVISIONS REGARDINGTIME AND DISTANCE.

Computationof time. 61. (1) In computing time for the purposes of

a written law

(a) where a period of time is expressed to beginat, on, or with a specified day, that dayshall be included in the period;

(b) where a period of time is expressed to bereckoned from, or after, a specified day, thatday shall not be included in the period;

(c) where anything is to be done within a timebefore a specified day, the time shall notinclude that day;

(d) where a period of time is expressed to endat, on, or with a specified day or to continueto or until a specified day, that day shallbe included in the period;

(e) where the time limited for the doing of athing expires or falls upon an excludedday, the thing may be done on the next daythat is not an excluded day;

(1) where there is a reference to a number ofclear days or "at least" or "not less than"a number of days between 2 events, incalculating that number of days both thedays on which the events happen shall beexcluded;

(g) where there is a reference to a number ofdays not expressed to be clear days or "atleast" or "not less than" a number of daysbetween 2 events, in calculating the numberof days there shall be excluded the day onwhich the first event happens and thereshall be included the day on which thesecond event happens;

(h) where an act or proceeding is directed orallowed to be done or taken on a certain day,or on or before a certain day, then, if that


day is an excluded day, the act or proceed-ing shall be considered as done or taken indue time if it is done or taken on the nextday that is not an excluded day.

(2) For the purposes of this section, "excludedday" means Saturday, Sunday, public serviceholiday, and a bank holiday or public holidaythroughout the State or in that part of the Statewhich is relevant to the event, act, thing or proceed-ing concerned.

62. (1) In a written law, "month" means a in:rixigscalendar month, that is to say, a month reckonedaccording to the calendar.

(2) If a period of one month indicated in awritten law begins on any date other than the firstday of any of the 12 months of the calendar, itshall be reckoned from the date on which it is tobegin to the date in the next month numericallycorresponding, less one, or, if there is no corres-ponding date, to the last day of that month.For example: a month beginning on 15 Januaryends on 14 February and a month beginning on 30or 31 January ends on 28 February (or 29 Febru-ary in a leap year).

(3) If a period indicated in a written law is of2, 3 or more months, it shall be reckoned from thedate on which it is to begin to the date numericallycorresponding, less one, in the second, third, orother successive month thereafter or, if there is nosuch corresponding date, to the last day of the lattermonth.For example: a period of 6 months beginning on15 August ends on 14 February and a period of 6months beginning on 30 or 31 August ends on 28February (or 29 February in a leap year).

63. Where no time is fixed or allowed within myrig:which an act or thing shall be done, such act or time fixed.

thing shall be done with all convenient speed andas often as occasion arises.

Constructionof powerto extendtime.


64. (1) Where in a written law a time is fixedor allowed for doing any act or thing or taking anyproceeding and power is given to a court or otherauthority to extend that time, such power may beexercised by the court or other authority althoughthe application for an extension is not made untilafter the expiration of the time fixed or allowed.

(2) Subject to section 3(3), this section appliesto written laws passed or made after the commence-ment of this Act.

Measurement 65. In the measurement of any distance for theof distance.purposes of a written law, the distance shall bemeasured in a straight line on a horizontal plane.

PART IX-PROCEDURES AND PENALTIES.

Rules ofcourt.

Recovery ofpenalties.

66. (1) In a written law, "rules of court" inrelation to any court or tribunal, means rules madeby the authority having for the time being powerto make rules or orders regulating the practice andprocedure of such court or tribunal.

(2) The power of an authority referred to insubsection (1) includes a power to make rules ofcourt for the purpose of any written law whichdirects or authorizes anything to be done by or inaccordance with rules of court.

(3) Where a written law confers any jurisdictionon a court or other tribunal or extends or varies thejurisdiction of a court or other tribunal, the author-ity having for the time being power to make rulesor orders regulating the practice and procedureof that court or tribunal may make rules or orders,including rules or orders with respect to costs, forthe purpose of regulating the practice and pro-cedure of that court or tribunal in the exercise ofthe jurisdiction so conferred, extended or varied.

67. Where a fine or other penalty is recoverableunder a written law and no means is provided inthat law for the recovery of the fine or penalty, the

1984.1 Interpretation. [No. 12.

written law shall be deemed to provide that suchfine or penalty may be recovered summarily underthe provisions of the Justices Act 1902, or anywritten law for the time being in force relating tosummary proceedings of justices.

DoubleJeopardy.68. Where an act or event constitutes an offence

under both(a) a written law; and

(b) a law of the Commonwealth or a law ofanother State or Territory,

and the offender has been punished in respect ofthe offence under a law referred to in paragraph(b), he is not liable to be punished in respect of theoffence under the written law.

69. (1) Every enactment relating to an offencepunishable on indictment or on summary convic-tion shall be taken to refer to bodies corporate aswell as to individuals.

(2) Where under a written law, a penalty or sumof money is payable to a party aggrieved, it shallbe payable to a body corporate in every case wherethat body is the party aggrieved.

(3) Except where otherwise expressly provided,where the penalty prescribed in a written law inrespect of an offence does not consist of or includea fine, the court before which the offence is triedmay, in the case of a body corporate, impose a fine

(a) where a term of imprisonment not exceed-ing 2 years is prescribed—of $25 000; and

(b) where a term of imprisonment exceeding2 years is prescribed—of $50 000.

Applicationof penallaws tobodiescorporate.

70. (1) Where in a written law a penalty is of maximum,specified in respect of an offence, that penalty is the VIII; Ham:.

maximum penalty that may be imposed for that )1Lnitftilitaitelsv.e

offence.

No. 121 Interpretation. [1984.

(2) Where in a written law more than one penaltyis specified in respect of an offence, the use of theword "and" between the respective penalties meansthat the penalties may be imposed alternatively orcumulatively.

(3) Where in a written law a maximum penaltyand a minimum penalty are specified in respect ofan offence, the offence is punishable by a penaltynot less than that minimum nor greater than thatmaximum.

(4) Where in a written law a penalty specified inrespect of an offence is referred to as being a dailypenalty, that reference indicates that, in addition toany other penalty that may be imposed in respectof the offence, a penalty may be imposed for eachday or part of a day during which the offencecontinues.

Continuingoffences. 71. (1) Where

(a) by or under a written law an act or thing isrequired or directed to be done within aparticular period or before a particulartime; and

(b) failure to do that act or thing within theperiod or before the time referred to in para-graph (a) constitutes an offence; and

(c) that act or thing is not done within theperiod or before the time referred to inparagraph (a),

the following provisions have effect(d) the obligation to do that act or thing

continues, notwithstanding that thatperiod has expired or that time has passed,until that act or thing is done;

(e) where a person is convicted of an offencethat, by virtue of paragraph (d), is consti-tuted by failure to do that act or thingafter the expiration of that period or afterthat time, as the case may be, that personis guilty of a separate and further offence


in respect of each day after the day of theconviction during which the failure to dothat act or thing continues; and

unless otherwise provided, the penaltyapplicable to each separate and furtheroffence is $50.

(2) Where

(a) by or under a written law an act or thingis required or directed to be done but noperiod within which or time by which thatact or thing is to be done is specified; and

(b) failure to do that act or thing constitutesan offence; anda person is convicted of an offence in respectof a failure to do that act or thing,

that person is guilty of a separate and further offencein respect of each day after the day of the convictionduring which the failure to do that act or thingcontinues and, unless otherwise provided, the penaltyapplicable to each such separate and further offenceis $50.

(c)

72. (1) Where in an Act a penalty(a) is specified without qualification at the foot

of a section of the Act;(b) is specified at the foot of a subsection of a

section of the Act, but not at the foot of thesection; or

(c) is specified at the foot of a section of theAct and expressed to apply to a specifiedsubsection or specified subsections of thesection,

then, unless the contrary is expressly provided, thatspecification indicates that a contravention of thesection or subsection, or, as the case may be, anyof the subsections, is an offence and that the offenceis punishable on conviction by a penalty not exceed-ing that so specified.

(2) Subsection (1) applies to regulations, rulesand by-laws subject to necessary modification.

Statementof penaltyat end ofprovision.

No. 12.1 Interpretation. [1984.

PART X-MISCELLANEOUS PROVISIONS.

Statedeemedestablished1 June 1829.

73. For the purpose of determining theapplicability or otherwise within the State of anyImperial Act, the State shall be deemed to have beenestablished on 1 June 1829.

Deviation informs. 74. Where a form is prescribed or specified under

a written law, deviations therefrom not materiallyaffecting the substance nor likely to mislead shall notinvalidate the form used.

Service ofdocumentsby post.

75. (1) Where a written law authorizes orrequires a document to be served by post, whetherthe word "serve" or any of the words "give","deliver", or "send" or any other similar word orexpression is used, service shall be deemed to beeffected by properly addressing and posting (bypre-paid post) the document as a letter to the last-known address of the person to be served, and, unlessthe contrary is proved, to have been effected at thetime when the letter would have been delivered inthe ordinary course of post.

(2) Where a written law authorizes or requires adocument to be served by registered post, whetherthe word "serve" or any of the words "give","deliver", or "send" or any other similar word orexpression is used, then, if the document is eligibleand acceptable for transmission as certified mail,the service of the document may be effected eitherby registered post or by certified mail.

(3) Subsections (1) and (2) apply unless thecontrary intention appears and subsection (2) doesnot apply where a written law requires theproduction of an acknowledgement signed by aperson to whom a document was addressed to theeffect that the document was delivered to that person.


76. Where a written law authorizes or requiresa document to be served, whether the word "serve"or any of the words "give", "deliver", or "send" orany other similar word or expression is used, withoutdirecting it to be served in a particular manner,service of that document may be effected on theperson to be served

Service ofdocumentsgenerally.

(a) by delivering the document to himpersonally; or

(b) by post in accordance with section 75 (1);or

(c) by leaving it for him at his usual or lastknown place of abode, or if he is a principalof a business, at his usual or last knownplace of business; or

(d) in the case of a corporation or of anassociation of persons (whetherincorporated or not), by delivering orleaving the document or posting it as aletter, addressed in each case to thecorporation or association, at its principalplace of business or principal office in theState.

77. (1) The Interpretation Act 1918 is repealed. Repeal.

(2) Notwithstanding subsection (1), section 11 ofthe Interpretation Act 1918 shall continue to applyto Acts passed before the commencement of this Act.

(3) The enactment of a provision of this Act thatis expressed to apply to Acts or subsidiary legislationpassed or made after the commencement of thisAct shall not be presumed to have amended the law


so as to affect the construction of any Act orsubsidiary legislation passed or made before suchenactment.

(4) Notwithstanding subsection (1), section47 (2) of the Interpretation Act 1918 and theSecond Schedule to that Act shall continue to applyto any Act to which that section appliedimmediately before the commencement of this Act.

interpretation act 1984. - legislation.wa.gov.au

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