LEGISLATION ACT 2001 - SECT 151
Working out periods of time generally
LEGISLATION ACT 2001 - SECT 151
Working out periods of time generally
(1) This section applies in working out periods of
1 day or longer for an Act or statutory instrument, whether the period is a
period in the future or the past.
Note 1 The following
definitions in the dictionary, pt 1 are also relevant to periods of time:
•
business day
•
calendar month
• calendar year
• financial year
• midnight
• month
• quarter
• working day
• year .
Note 2
The Standard Time and Summer Time Act 1972
deals with the
meaning of a reference to a time.
(2) A period of
time mentioned in an Act or statutory instrument that is of a kind mentioned
in an item in the following table is to be worked out according to the rule
mentioned in column 3 of the item:
Table 151 Working out periods of time
column 1
item |
column 2
If the period of time— |
column 3
then the period— |
1 | is described as beginning at, on or with a
stated day, act or event | includes the stated day or the day of the stated
act or event |
2 | is described as beginning from or after a stated day,
act or event | does not include the stated day or the day of the stated act
or event |
3 | is described as ending at, by, on or with, or as continuing
to or until, a stated day, act or event | includes the stated day or the day
of the stated act or event |
4 | is described as ending before a stated
day, act or event | does not include the stated day or the day of the stated
act or event |
5 | is described as occurring between 2 events | does not
include the days when the events happen |
Example—item 1
If a licence begins on the first day of a financial
year, the licence is in force on that day.
Example—item 2
If a disallowable instrument is described as beginning
from 30 June, the instrument starts to operate on 1 July.
Example—item 3
If a person's right to apply for review of a decision
ends on the last day of a financial year, the person may apply for review of
the decision on that day.
Example—item 4
If a person may apply for renewal of accreditation not
later than 6 months before the day the accreditation period ends, and the
accreditation period ends on 2 November, the person may apply for renewal
at any time during the 6-month period ending on 1 November.
Example—item 5
A court rule requires a notice of motion to be served 2
days before the return date for the application. If the return date is Friday,
that day and the day the application is served are not counted in working out
the 2 days. For service to be valid, the application must be served on or
before the Tuesday before the return date.
(3)
Despite table 151, item 2, if, under an Act or statutory instrument, something
must or may be done within a particular period of time after a stated day, the
thing may be done on the stated day.
(4) This
section is a determinative provision so far as it applies to an applicable law
or applicable provision.
Note See s 5 for the meaning of
determinative provisions, and s 6 for their displacement.
(5)
In this section:
"applicable law" means an Act enacted, or statutory instrument made, after 1
January 2006.
"applicable provision "means a provision inserted after
1 January 2006 into an Act or statutory instrument that is not an
applicable law.
"inserted", for a provision, includes inserted in substitution for another
provision.