Commonwealth Consolidated Acts Commonwealth Consolidated ActsAct No. 2 of 1901 as amended
This compilation was prepared on 6 January 2009
taking into account amendments up to Act No. 135 of 2008
The text of any of those
amendments not in force
on that date is appended in the Notes section
The operation of amendments that
have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of
Legislative Drafting and Publishing,
Attorney‑General's Department,
Canberra
Contents
Part I--Preliminary 1
1............ Short title [see Note 1] ....................................................................... 1
2............ Application of Act ............................................................................. 1
Part II--Commencement of Acts 2
3............ Meaning of commencement ................................................................ 2
4............ Exercise of certain powers between passing and commencing of Act 2
5............ Commencement of Acts ..................................................................... 4
6............ Evidence of date of assent or proclamation ........................................ 5
Part III--Repeal and expiration of Acts 6
7............ Effect of repeal of Act ........................................................................ 6
8............ Effect of repeal ................................................................................... 6
8A......... Implied repeals etc. ............................................................................. 6
8B......... Effect of expiration of Act .................................................................. 7
8C......... References to part of an Act ............................................................... 7
9............ Repealed Acts in force until substituted provisions operate ............. 7
10.......... References to amended or re‑enacted Acts ......................................... 7
10A....... References to amended or re‑enacted laws of States and Territories .. 8
11.......... Expiration of Act ................................................................................ 8
Part IV--General provisions 9
12.......... Every section a substantive enactment ............................................... 9
13.......... Headings, schedules, marginal notes, footnotes and endnotes ............ 9
14.......... Acts may be altered etc. in same session ............................................ 9
14A....... Definitions inserted by amending Act ................................................ 9
14B....... Commencement of paragraphs etc. in amending Act .......................... 9
15.......... Amending Act to be construed with amended Act ........................... 10
15A....... Construction of Acts to be subject to Constitution ......................... 10
15AA.... Regard to be had to purpose or object of Act .................................. 10
15AB.... Use of extrinsic material in the interpretation of an Act .................. 10
15AC.... Changes to style not to affect meaning ............................................. 12
15AD.... Examples ........................................................................................... 12
15AE..... Legislative instruments etc. .............................................................. 12
15B....... Application of Acts in coastal sea .................................................... 13
15C....... Jurisdiction of courts ........................................................................ 15
Part V--Words and references in Acts 16
16.......... References to the Sovereign .............................................................. 16
16A....... References to the Governor‑General ................................................ 16
16B....... References to the Governor of a State .............................................. 16
16C....... References to Stipendiary Magistrate and Magistrate ..................... 16
17.......... Constitutional and official definitions [see Note 2] .......................... 17
17AA.... Definitions relating to the Australian Public Service ........................ 18
17A....... Paper or document purporting to be printed by Government Printer 18
18.......... Interpretation .................................................................................... 19
18A....... Parts of speech and grammatical forms ............................................ 19
18B....... How Chairs and Deputy Chairs may be referred to ......................... 19
18C....... Portfolio Minister may authorise a non‑portfolio Minister or a member of the Executive Council who is not a Minister to act on his or her behalf in the performance of statutory functions or the exercise of statutory powers 20
19.......... Mention of Minister ......................................................................... 21
19A....... References to Ministers and Departments ....................................... 21
19B....... Reference to Minister, Department etc. where no longer any such Minister, or Department abolished etc. 23
19BA.... Reference to Minister, Department etc. inconsistent with changed administrative arrangements 24
19BAA. Application of sections 19B and 19BA where Department abolished and Department with same name established .......................................................................................................... 26
19BB..... Revocation of orders made under sections 19B and 19BA .............. 26
19BC..... Orders under sections 19B, 19BA and 19BB to be published in Gazette 27
19C....... References in agreements to a Department, Minister, officer or body 27
20.......... Mention of an officer in general terms .............................................. 28
21.......... Office etc. means office etc. of the Commonwealth ......................... 28
22.......... Meaning of certain words ................................................................. 28
22A....... References to de facto partners ........................................................ 29
22B....... Registered relationships .................................................................... 29
22C....... De facto relationships ....................................................................... 30
23.......... Rules as to gender and number ......................................................... 31
25.......... References to writing, documents and records ................................. 31
25A....... Production of records kept in computers etc. .................................. 32
25B....... Alterations of names and constitutions ............................................ 32
25C....... Compliance with forms .................................................................... 33
25D....... Content of statements of reasons for decisions ................................ 33
25E........ Attainment of particular age ............................................................. 33
Part VI--Judicial expressions 35
26.......... Judicial definitions ............................................................................ 35
27.......... Meaning of certain words [see Note 3] ............................................ 35
27A....... Documents commencing proceedings ............................................... 36
28.......... Rules of Court .................................................................................. 36
28A....... Service of documents ........................................................................ 36
29.......... Meaning of service by post .............................................................. 37
Part VII--Powers conferred and duties imposed by Acts 38
33.......... Exercise of powers and duties .......................................................... 38
33A....... Acting appointments ........................................................................ 39
33B....... Participation in meetings by telephone etc. ...................................... 40
34.......... Power to determine includes authority to administer oath ............... 41
34AA.... Delegations ....................................................................................... 41
34AB.... Effect of delegation ........................................................................... 41
34A....... Exercise of certain powers and functions by a delegate .................... 42
34B....... Presentation of papers to the Parliament ......................................... 42
34C....... Periodic reports ................................................................................ 43
Part VIII--Distance and time 46
35.......... Measurement of distance .................................................................. 46
36.......... Reckoning of time ............................................................................. 46
37.......... Expressions of time .......................................................................... 46
Part IX--Citation of Acts 47
38.......... Reference to Acts ............................................................................. 47
39.......... Numbering of Acts ........................................................................... 47
40.......... Citation of Acts ................................................................................ 47
40A....... References to the new corporations and ASIC legislation ................ 48
Part XI--Non‑legislative instruments and resolutions 50
46.......... Construction of instruments ............................................................. 50
46AA.... Prescribing matters by reference to other instruments ..................... 50
46B....... Disallowable non‑legislative instruments ......................................... 51
47.......... Construction of resolutions .............................................................. 54
Part XII--Regulations 55
51.......... Regulations ....................................................................................... 55
Notes 57
An Act for the Interpretation of Acts of Parliament and for Shortening their Language
Notes to
the
Acts Interpretation Act 1901 Note 1 The Acts Interpretation Act 1901 as shown in this
compilation comprises Act
No. 2, 1901 amended as indicated in the Tables below. For application, saving or transitional provisions made by the
Corporations (Repeals, Consequentials and Transitionals) Act 2001, see
Act No. 55, 2001. All relevant information pertaining to application, saving or
transitional provisions prior to 21 December 1998 is not included in this
compilation. For subsequent information see Table A. Table of Acts
|
Act |
Number |
Date |
Date of commencement |
Application, saving or transitional provisions |
|
2, 1901 |
12 July 1901 |
12 July 1901 |
|
|
|
Acts Interpretation Act 1916 |
4, 1916 |
30 May 1916 |
30 May 1916 |
-- |
|
Acts Interpretation Act 1918 |
8, 1918 |
11 June 1918 |
11 June 1918 |
-- |
|
Acts Interpretation Act 1930 |
23, 1930 |
14 Aug 1930 |
S. 3: 27 Oct 1930 (see Gazette 1930, p. 2093) |
-- |
|
Acts Interpretation Act 1932 |
24, 1932 |
30 May 1932 |
30 May 1932 |
-- |
|
Acts Interpretation Act 1937 |
10, 1937 |
27 Aug 1937 |
11 Oct 1937 (see Gazette 1937, p. 1695) |
S. 14 |
|
Acts Interpretation Act 1941 |
7, 1941 |
4 Apr 1941 |
S. 5: 3 Sept 1939 |
-- |
|
Defence (Transitional Provisions) Act 1947 |
78, 1947 |
11 Dec 1947 |
Ss. 1-3: Royal Assent |
S. 4(5) |
|
Acts Interpretation Act 1948 |
79, 1948 |
17 Dec 1948 |
14 Jan 1949 |
-- |
|
Statute Law Revision Act 1950 |
80, 1950 |
16 Dec 1950 |
31 Dec 1950 |
Ss. 16 and 17 |
|
Acts Interpretation Act 1957 |
69, 1957 |
5 Dec 1957 |
5 Dec 1957 |
-- |
|
Acts Interpretation Act 1963 |
19, 1963 |
28 May 1963 |
25 June 1963 |
S. 6 |
|
Acts Interpretation Act 1964 |
52, 1964 |
30 May 1964 |
27 June 1964 |
-- |
|
Statute Law Revision (Decimal Currency) Act 1966 |
93, 1966 |
29 Oct 1966 |
1 Dec 1966 |
-- |
|
Acts Interpretation Act 1973 |
79, 1973 |
19 June 1973 |
S. 4(2): 1 July 1973 (see Gazette 1973,
No. 79) |
-- |
|
Statute Law Revision Act 1973 |
216, 1973 |
19 Dec 1973 |
31 Dec 1973 |
Ss. 9(1) and 10 |
|
37, 1976 |
26 May 1976 |
1 July 1976 |
-- |
|
|
144, 1976 |
6 Dec 1976 |
S. 5(2): 1 July 1977 |
Ss. 3(2), 8(2) and (4) |
|
|
as amended by |
|
|
|
|
|
152, 1997 |
24 Oct 1997 |
Schedule 2 (item 138): 1 Jan 1998 (see Gazette 1997, No. GN49) (b) |
-- |
|
|
35, 1978 |
12 June 1978 |
12 June 1978 |
-- |
|
|
1, 1980 |
1 Mar 1980 |
1 Jan 1980 |
-- |
|
|
61, 1981 |
12 June 1981 |
S. 115: Royal Assent (c) |
-- |
|
|
26, 1982 |
7 May 1982 |
Part II (ss. 3, 4): 4 June 1982 (d) |
-- |
|
|
as amended by |
|
|
|
|
|
80, 1982 |
22 Sept 1982 |
Part LXXI (ss. 262, 263): 4 June 1982 (e) |
-- |
|
|
80, 1982 |
22 Sept 1982 |
Part VI (ss. 15, 16): Royal Assent |
-- |
|
|
39, 1983 |
20 June 1983 |
S. 3: 18 July 1983 (g) |
-- |
|
|
27, 1984 |
15 May 1984 |
12 June 1984 |
Ss. 2, 12(2) and 13(2) |
|
|
as amended by |
|
|
|
|
|
165, 1984 |
25 Oct 1984 |
S. 3: (h) |
Ss. 2(32) and 6(1) |
|
|
63, 1984 |
25 June 1984 |
S. 151(1): 1 July 1984 (see Gazette 1984, No. S245) (i) |
S. 151(9) |
|
|
as amended by |
|
|
|
|
|
165, 1984 |
25 Oct 1984 |
S. 3: (j) |
Ss. 2(32) and 6(1) |
|
|
72, 1984 |
25 June 1984 |
S. 3: 23 July 1984 (k) |
S. 5(1) |
|
|
193, 1985 |
16 Dec 1985 |
S. 3: Royal Assent (l) |
Ss. 5 and 16 |
|
|
92, 1987 |
18 Sept 1987 |
Part II (ss. 3-8): 24 July 1987 |
-- |
|
|
120, 1987 |
16 Dec 1987 |
S. 74: 1 Mar 1989 (see Gazette 1989, No. S54) (m) |
S. 75(2) |
|
|
141, 1987 |
18 Dec 1987 |
S. 3: Royal Assent (n) |
S. 5(1) |
|
|
Statutory Instruments (Tabling and Disallowance) Legislation Amendment Act 1988 |
99, 1988 |
2 Dec 1988 |
2 Dec 1988 |
-- |
|
120, 1988 |
14 Dec 1988 |
Part II (ss. 3-5): Royal Assent (o) |
-- |
|
|
108, 1989 |
30 June 1989 |
Part 2 (ss. 3, 4): Royal Assent (p) |
-- |
|
|
110, 1990 |
18 Dec 1990 |
S. 16: 1 Jan 1991 (see Gazette 1990, No. S335) (q) |
-- |
|
|
115, 1990 |
21 Dec 1990 |
S. 49: Royal Assent (r) |
-- |
|
|
136, 1991 |
12 Sept 1991 |
Schedule: 10 Oct 1991 (s) |
-- |
|
|
104, 1992 |
30 June 1992 |
S. 24: 1 July 1992 (t) |
-- |
|
|
84, 1994 |
23 June 1992 |
Ss. 3-5: Royal Assent (u) |
S. 3 |
|
|
Evidence (Transitional Provisions and Consequential Amendments) Act 1995 |
3, 1995 |
23 Feb 1995 |
S. 14: Royal Assent (v) |
S. 14 |
|
152, 1997 |
24 Oct 1997 |
Schedule 2 (items 136, 137): 1 Jan 1998 (see Gazette 1997, No. GN49) (w) |
-- |
|
|
Financial Sector Reform (Amendments and Transitional Provisions) Act 1998 |
54, 1998 |
29 June 1998 |
Schedule 18 (item 40): 1 July 1998 (see Gazette 1998, No. S316) (x) |
-- |
|
125, 1998 |
21 Dec 1998 |
21 Dec 1998 |
Sch. 1 (items 2, 5, 7) [see Table A] |
|
|
Public Employment (Consequential and Transitional) Amendment Act 1999 |
146, 1999 |
11 Nov 1999 |
Schedule 1 (items 33-40): 5 Dec 1999 (see Gazette 1999, No. S584) (y) |
S. 13 [see Table A] |
|
156, 1999 |
24 Nov 1999 |
Schedule 12 (items 1, 2, 26, 27): 24 Nov 2000 (z) |
-- |
|
|
Australian Security Intelligence Organisation Legislation Amendment Act 1999 |
161, 1999 |
10 Dec 1999 |
Schedule 3 (items 1, 2): (za) |
-- |
|
194, 1999 |
23 Dec 1999 |
Schedule 2 (items 1, 2): 23 Dec 1999 (zb) |
-- |
|
|
Corporations (Repeals, Consequentials and Transitionals) Act 2001 |
55, 2001 |
28 June 2001 |
Ss. 4-14 and Schedule 3 (items 9, 10): 15 July 2001 (see Gazette 2001, No. S285) (zc) |
Ss. 4-14 [see Note 1] |
|
153, 2001 |
1 Oct 2001 |
29 Oct 2001 |
-- |
|
|
63, 2002 |
3 July 2002 |
Schedule 1 |
-- |
|
|
46, 2003 |
26 June 2003 |
7 July 2003 |
Sch. 1 (item 2) [see Table A] |
|
|
139, 2003 |
17 Dec 2003 |
Schedule 1: (ze) |
-- |
|
|
Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 |
140, 2003 |
17 Dec 2003 |
S. 4 and Schedule 1 (items 3-7): (zf) |
S. 4 [see Table A] |
|
8, 2005 |
22 Feb 2005 |
S. 4 and Schedule 1 (items 1, 70, 496): Royal Assent |
S. 4 and Sch. 1 (item 496) [see Table A] |
|
|
Acts Interpretation Amendment (Legislative Instruments) Act 2005 |
133, 2005 |
15 Nov 2005 |
Schedule 1
(item 1): (zg) |
-- |
|
73, 2008 |
3 July 2008 |
Schedule 1 (item 2): (zh) |
-- |
|
|
Same‑Sex Relationships (Equal Treatment in Commonwealth Laws--Superannuation) Act 2008 |
134, 2008 |
4 Dec 2008 |
S. 4 and Schedule 2 (item 1): Royal Assent |
S. 4 [see Table A] |
|
135, 2008 |
4 Dec 2008 |
Schedule 3 (item 6): [see Note 4] |
-- |
(a) Subsection 8(5) of the Acts Interpretation Amendment Act 1976 provides as follows:
(5) If a Department of State of the Commonwealth by the name of the Department of Finance is not established on or before the day on which this Act receives the Royal Assent, subsections (3) and (4) shall not come into operation until the day on which such a Department is established.
The Department of Finance was established on 7 December 1976 (see Gazette 1976, No. S221).
(b) The Acts Interpretation Amendment Act 1976 was amended by Schedule 2 (item 138) only of the Audit (Transitional and Miscellaneous) Amendment Act 1997, subsection 2(2) of which provides as follows:
(2) Schedules 1, 2 and 4 commence on the same day as the Financial Management and Accountability Act 1997.
(c) The Acts Interpretation Act 1901 was amended by section 115 only of the Statute Law Revision Act 1981, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.
(d) The Acts Interpretation Act 1901 was amended by Part II (sections 3 and 4) only of the Statute Law (Miscellaneous Amendments) Act (No. 1) 1982, subsection 2(12) of which provides as follows:
(12) The remaining provisions of this Act shall come into operation on the twenty‑eighth day after the day on which this Act receives the Royal Assent.
(e) The Statute Law (Miscellaneous Amendments) Act (No. 1) 1982 was amended by Part LXXI (sections 262 and 263) only of the Statute Law (Miscellaneous Amendments) Act (No. 2) 1982, subsection 2(11) of which provides as follows:
(11) Parts XLIX and LXXI shall be deemed to have come into operation on 4 June 1982.
(f) The Acts Interpretation Act 1901 was amended by Part VI (sections 15 and 16) only of the Statute Law (Miscellaneous Amendments) Act (No. 2) 1982, subsection 2(1) of which provides as follows:
(1) Sections 1, 2, 166 and 195 and Parts III, VI, VII, XVI, XXXVI, XLIV, LI, LIII, LIV, LXI and LXXVII shall come into operation on the day on which this Act receives the Royal Assent.
(g) The Acts Interpretation Act 1901 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1983, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act shall come into operation on the twenty‑eighth day after the day on which it receives the Royal Assent.
(h) The Acts Interpretation Amendment Act 1984 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984, subsection 2(3) of which provides as follows:
(3) The amendment of the Acts Interpretation Amendment Act 1984 made by this Act shall be deemed to have come into operation on 12 June 1984.
(i) The Acts Interpretation Act 1901 was amended by subsection 151(1) only of the Public Service Reform Act 1984, subsection 2(4) of which provides as follows:
(4) The remaining provisions of this Act shall come into operation on such day as is, or on such respective days as are, fixed by Proclamation.
(j) The Public Service Reform Act 1984 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984, subsection 2(21)(b) of which provides as follows:
(21) The amendments of the Public Service Reform Act 1984 made by this Act shall:
(b) in the case of the amendments of Items 1 and 3 of Schedule 4 to the first‑mentioned Act--be deemed to have come into operation on 1 July 1984.
(k) The Acts Interpretation Act 1901 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1984, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act shall come into operation on the twenty‑eighth day after the day on which it receives the Royal Assent.
(l) The Acts Interpretation Act 1901 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1985, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.
(m) The Acts Interpretation Act 1901 was amended by section 74 only of the Crimes Legislation Amendment Act 1987, subsection 2(1) of which provides as follows:
(1) Sections 11, 14, 16, 17, 18, 47, 70, 71, 72, 73, 74 and 75 and paragraph 69(b) shall come into operation on a day or days to be fixed by Proclamation.
(n) The Acts Interpretation Act 1901 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act 1987, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.
(o) The Acts Interpretation Act 1901 was amended by Part II (sections 3-5) only of the Law and Justice Legislation Amendment Act 1988, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.
(p) The Acts Interpretation Act 1901 was amended by Part 2 (sections 3 and 4) only of the Crimes Legislation Amendment Act 1989, subsection 2(1) of which provides as follows:
(1) Parts 1 and 2, Part 3 (other than section 10) and Part 4 commence on the day on which this Act receives the Royal Assent.
(q) The Acts Interpretation Act 1901 was amended by section 16 only of the Corporations Legislation Amendment Act 1990, subsection 2(2) of which provides as follows:
(2) The remaining provisions of this Act commence on a day or days to be fixed by Proclamation.
(r) The Acts Interpretation Act 1901 was amended by section 49 only of the Law and Justice Amendment Act 1990, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(s) The Acts Interpretation Act 1901 was amended by the Schedule only of the Law and Justice Legislation Amendment Act 1991, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the 28th day after the day on which it receives the Royal Assent.
(t) The Acts Interpretation Act 1901 was amended by section 24 only of the Territories Law Reform Act 1992, subsection 2(3) of which provides as follows:
(3) The remaining provisions of this Act commence on 1 July 1992.
(u) The Acts Interpretation Act 1901 was amended by sections 3-5 only of the Law and Justice Legislation Amendment Act 1994, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(v) The Acts Interpretation Act 1901 was amended by sections 14, 15 and 27 only of the Evidence (Transitional Provisions and Consequential Amendments) Act 1995, subsections 2(1), (2) and (13) of which provide as follows:
(1) This Part and Parts 2 and 3 commence of the day on which this Act receives the Royal Assent.
(2) Section 15 of this Act commences on the day on which section 160 of the Evidence Act 1995 commences.
Section 160 commenced on 18 April 1995.
(13) Section 27 of this Act and the Schedule to this Act commences:
(a) on the day on which sections 153 and 155 of the Evidence Act 1995 commences; or
(b) if those sections commence on different days--the first day on which both of those sections are in force.
Sections 153 and 155 commenced on 18 April 1995.
(w) The Acts Interpretation Act 1901 was amended by Schedule 2 (items 136 and 137) only of the Audit (Transitional and Miscellaneous) Amendment Act 1997, subsection 2(2) of which provides as follows:
(2) Schedules 1, 2 and 4 commence on the same day as the Financial Management and Accountability Act 1997.
(x) The Acts Interpretation Act 1901 was amended by Schedule 18 (item 40) only of the Financial Sector Reform (Amendments and Transitional Provisions) Act 1998, subsection 2(2)(p) of which provides as follows:
(2) The following provisions of this Act commence on the commencement of the Australian Prudential Regulation Authority Act 1998:
(p) Schedule 18, other than the items amending the Australian Prudential Regulation Authority Act 1998.
(y) The Acts Interpretation Act 1901 was amended by Schedule 1 (items 33-40) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:
(1) In this Act, commencing time means the time when the Public Service Act 1999 commences.
(2) Subject to this section, this Act commences at the commencing time.
(z) The Acts Interpretation Act 1901 was amended by Schedule 12 (items 1, 2, 26 and 27) only of the Corporate Law Economic Reform Program Act 1999, subsection 2(4) of which provides as follows:
(4) If an item in Schedule 11 or 12 does not commence under subsection (2) within the period of 12 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.
(za) The Acts Interpretation Act 1901 was amended by Schedule 3 (items 1 and 2) only of the Australian Security Intelligence Organisation Legislation Amendment Act 1999, subsection 2(2) of which provides as follows:
(2) Subject to subsections (3) to (6), Schedule 3 commences immediately after the commencement of the other Schedules to this Act.
The other Schedules to this Act commenced on 10 December 1999.
(zb) The Acts Interpretation Act 1901 was amended by Schedule 2 (items 1 and 2) only of the Federal Magistrates (Consequential Amendments) Act 1999, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the commencement of the Federal Magistrates Act 1999.
(zc) The Acts Interpretation Act 1901 was amended by Schedule 3 (items 9 and 10) only of the Corporations (Repeals, Consequentials and Transitionals) Act 2001, subsection 2(3) of which provides as follows:
(3) Subject to subsections (4) to (10), Schedule 3 commences, or is taken to have commenced, at the same time as the Corporations Act 2001.
(zd) Subsection 2(1) (item 2) of the Statute Law Revision Act 2002 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
|
Commencement information |
||
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
2. Schedule 1, item 1 |
Immediately after section 49 of the Law and Justice Legislation Amendment Act 1990 commenced |
21 December 1990 |
(ze) Subsection 2(1) (item 3) of the Legislative Instruments Act 2003 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
|
Provision(s) |
Commencement |
Date/Details |
|
2. Schedule 1 |
Immediately after the commencement of Schedule 1 to the Legislative Instruments Transitional Provisions and Consequential Amendments) Act 2003 |
1 January 2005 |
(zf) Subsection 2(1) (items 2 and 3) of the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
|
Provision(s) |
Commencement |
Date/Details |
|
2. Sections 4 and 5 |
Immediately after the commencement of sections 3 to 62 of the Legislative Instruments Act 2003 |
1 January 2005 |
|
3. Schedule 1 |
Immediately after the commencement of sections 3 to 62 of the Legislative Instruments Act 2003 |
1 January 2005 |
(zg) Subsection 2(1) (items 2 and 3) of the Acts Interpretation Amendment (Legislative Instruments) Act 2005 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
2. Schedule 1, item 1 |
Immediately after the commencement of section 3 of the Legislative Instruments Act 2003. |
1 January 2005 |
|
3. Schedule 1, items 2 to 5 |
Immediately after the commencement of Schedule 1 to the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003. |
1 January 2005 |
(zh) Subsection 2(1) (items 3) of the Statute Law Revision Act 2008 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
3. Schedule 1, item 2 |
Immediately after the commencement of item 7 of Schedule 1 to the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003. |
1 January 2005 |
Table of Amendments
|
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
|
|
Provision affected |
How affected |
|
Part I |
|
|
Heading to Part I.................. |
ad. No. 52, 1964 |
|
Heading preceding s. 1....... |
rep. No. 52, 1964 |
|
S. 2...................................... |
rs. No. 10, 1937 |
|
|
am. No. 37, 1976 |
|
S. 2A................................... |
ad. No. 24, 1932 |
|
|
rep. No. 10, 1937 |
|
|
ad. No. 52, 1964 |
|
|
rep. No. 216, 1973 |
|
Part II |
|
|
Heading to Part II................. |
ad. No. 52, 1964 |
|
Heading preceding s. 3....... |
rep. No. 52, 1964 |
|
S. 3...................................... |
am. No. 27, 1984; No. 141, 1987 |
|
S. 4...................................... |
rs. No. 144, 1976 |
|
|
am. No. 115, 1990; No. 63, 2002; No. 140, 2003 |
|
S. 5...................................... |
am. No. 10, 1937; No. 144, 1976 |
|
Part III |
|
|
Heading to Part III................. |
ad. No. 52, 1964 |
|
Heading preceding s. 7....... |
rep. No. 52, 1964 |
|
S. 8A................................... |
ad. No. 27, 1984 |
|
S. 8B................................... |
ad. No. 27, 1984 |
|
S. 8C................................... |
ad. No. 27, 1984 |
|
S. 10.................................... |
rs. No. 37, 1976 |
|
S. 10A................................. |
ad. No. 4, 1916 |
|
|
rep. No. 37, 1976 |
|
|
ad. No. 27, 1984 |
|
Part IV |
|
|
Heading to Part IV............... |
ad. No. 52, 1964 |
|
Heading preceding s. 12..... |
rep. No. 52, 1964 |
|
S. 13.................................... |
am. No. 1, 1980 |
|
S. 14A................................. |
ad. No. 141, 1987 |
|
S. 14B................................. |
ad. No. 141, 1987 |
|
S. 15A................................. |
ad. No. 23, 1930 |
|
|
rs. No. 10, 1937 |
|
S. 15AA.............................. |
ad. No. 61, 1981 |
|
|
am. No. 27, 1984 |
|
S. 15AB............................... |
ad. No. 27, 1984 |
|
S. 15AC............................... |
ad. No. 141, 1987 |
|
S. 15AD............................... |
ad. No. 141, 1987 |
|
S. 15AE............................... |
ad. No. 133, 2005 |
|
S. 15B................................. |
ad. No. 144, 1976 |
|
S. 15C................................. |
ad. No. 27, 1984 |
|
Part V |
|
|
Heading to Part V................ |
ad. No. 52, 1964 |
|
Heading preceding s. 16..... |
rep. No. 52, 1964 |
|
S. 16A................................. |
ad. No. 69, 1957 |
|
S. 16B................................. |
ad. No. 69, 195 |
|
S. 16C................................. |
ad. No. 79, 1973 |
|
|
am. No. 194, 1999 |
|
S. 17.................................... |
am. No. 23, 1930; No. 10, 1937; No. 80, 1950; No. 69, 1957; Nos. 79 and 216, 1973; No. 144, 1976; No. 80, 1982; No. 92, 1987; No. 104, 1992; No. 152, 1997; No. 140, 2003; No. 8, 2005 |
|
S. 17AA.............................. |
ad. No. 146, 1999 |
|
S. 17A................................. |
ad. No. 79, 1973 |
|
|
am. No. 144, 1976 |
|
S. 18.................................... |
am. No. 216, 1973 |
|
S. 18A................................. |
ad. No. 144, 1976 |
|
S. 18B................................. |
ad. No. 141, 1987 |
|
|
am. No. 120, 1988 |
|
|
rs. No. 152, 1997 |
|
S. 18C................................. |
ad. No. 125, 1998 |
|
S. 19.................................... |
am. No. 8, 1918; No. 125, 1998 |
|
S. 19A................................. |
ad. No. 23, 1930 |
|
|
am. No. 24, 1932 |
|
|
rs. No. 10, 1937 |
|
|
am. No. 7, 1941 |
|
|
rep. No. 144, 1976 |
|
|
ad. No. 92, 1987 |
|
|
am. No. 125, 1998 |
|
S. 19B................................. |
ad. No. 7, 1941 |
|
|
rs. No. 144, 1976 |
|
|
am. No. 63, 1984 (as am. by No. 165, 1984); No. 92, 1987; No. 146, 1999 |
|
S. 19BA............................... |
ad. No. 144, 1976 |
|
|
am. No. 35, 1978; No. 63, 1984 (as am. by No. 165, 1984); No. 92, 1987; No. 125, 1998; No. 146, 1999; No. 73, 2008 |
|
S. 19BAA............................ |
ad. No. 144, 1976 |
|
S. 19BB............................... |
ad. No. 144, 1976 |
|
S. 19BC............................... |
ad. No. 144, 1976 |
|
|
am. No. 35, 1978 |
|
S. 19C................................. |
ad. No. 78, 1947 |
|
|
am. No. 92, 1987; No. 146, 1999 |
|
S. 20.................................... |
am. No. 27, 1984 |
|
S. 21.................................... |
am. No. 146, 1999 |
|
S. 22.................................... |
am. No. 144, 1976; No. 39, 1983; No. 27, 1984; No. 193, 1985; No. 115, 1990 |
|
S. 22A................................. |
ad. No. 134, 2008 |
|
S. 22B................................. |
ad. No. 134, 2008 |
|
S. 22C................................. |
ad. No. 134, 2008 |
|
S. 23.................................... |
rs. No. 27, 1984 |
|
S. 24.................................... |
am. No. 7, 1941; No. 93, 1966; No. 144, 1976; No. 27, 1984 |
|
|
rep. No. 120, 1987 |
|
S. 25.................................... |
rs. No. 27, 1984 |
|
|
am. No. 108, 1989 |
|
S. 25A................................. |
ad. No. 27, 1984 |
|
S. 25B................................. |
ad. No. 27, 1984 |
|
|
am. No. 136, 1991; No. 146, 1999 |
|
S. 25C................................. |
ad. No. 27, 1984 |
|
S. 25D................................. |
ad. No. 27, 1984 |
|
S. 25E.................................. |
ad. No. 27, 1984 |
|
Part VI |
|
|
Heading to Part VI............... |
ad. No. 52, 1964 |
|
Heading preceding s. 26..... |
rep. No. 52, 1964 |
|
S. 26.................................... |
am. No. 10, 1937; No. 80, 1950; No. 216, 1973; No. 27, 1984; No. 194, 1999 |
|
S. 27.................................... |
am. No. 193, 1985; No. 120, 1987 |
|
S. 27A................................. |
ad. No. 46, 2003 |
|
S. 28A................................. |
ad. No. 27, 1984 |
|
S. 29 ................................... |
am. No. 3, 1995 |
|
S. 30.................................... |
am. No. 10, 1937; No. 216, 1973; No. 144, 1976 |
|
|
rep. No. 120, 1987 |
|
S. 31.................................... |
rep. No. 52, 1964 |
|
S. 32.................................... |
am. No. 23, 1930 |
|
|
rep. No. 10, 1937 |
|
Part VII |
|
|
Heading to Part VII............... |
ad. No. 52, 1964 |
|
Heading preceding s. 33..... |
rep. No. 52, 1964 |
|
S. 33.................................... |
am. No. 7, 1941; No. 27, 1984; No. 141, 1987; No. 146, 1999 |
|
S. 33A................................. |
ad. No. 141, 1987 |
|
|
am. No. 120, 1988; No. 115, 1990; No. 146, 1999 |
|
S. 33B................................. |
ad. No. 136, 1991 |
|
S. 34AA.............................. |
ad. No. 27, 1984 am. No. 84, 1994 |
|
S. 34AB............................... |
ad. No. 141, 1987 |
|
S. 34A................................. |
ad. No. 78, 1947 |
|
|
am. No. 72, 1984 |
|
S. 34B................................. |
ad. No. 19, 1963 |
|
|
am. No. 52, 1964; No. 144, 1976 |
|
S. 34C................................. |
ad. No. 39, 1983 |
|
|
am. No. 161, 1999; No. 153, 2001 |
|
Part VIII |
|
|
Heading to Part VIII.............. |
ad. No. 52, 1964 |
|
Heading preceding s. 35..... |
rep. No. 52, 1964 |
|
S. 36.................................... |
am. No. 79, 1948 |
|
Part IX |
|
|
Heading to Part IX................ |
ad. No. 52, 1964 |
|
Heading preceding s. 38..... |
rep. No. 52, 1964 |
|
S. 39.................................... |
am. No. 144, 1976 |
|
S. 40.................................... |
am. No. 19, 1963 |
|
Heading to s. 40A .............. |
am. No. 156, 1999 |
|
S. 40A................................. |
ad. No. 110, 1990 |
|
|
am. No. 54, 1998; No. 156, 1999 |
|
|
rs. No. 55, 2001 |
|
Heading to Part X................ |
ad. No. 52,
1964 |
|
Part X ................................. |
rep. No. 120, 1987 |
|
Heading preceding s. 41..... |
ad. No. 10, 1937 |
|
|
rep. No. 52, 1964 |
|
S. 41.................................... |
ad. No. 10, 1937 |
|
|
rep. No. 120, 1987 |
|
Ss. 42, 43............................ |
ad. No. 10, 1937 |
|
|
am. No. 144, 1976 |
|
|
rep. No. 120, 1987 |
|
Ss. 44, 45............................ |
ad. No. 10, 1937 |
|
|
rep. No. 120, 1987 |
|
Ss. 45A, 45B....................... |
ad. No. 27, 1984 |
|
|
rep. No. 120, 1987 |
|
Part XI |
|
|
Heading to Part XI................ |
ad. No. 52, 1964 |
|
|
rs. No. 140, 2003 |
|
Heading preceding s. 46..... |
ad. No. 10, 1937 |
|
|
rep. No. 52, 1964 |
|
S. 46.................................... |
ad. No. 10, 1937 |
|
|
am. No. 27, 1984 (as am. by No. 165, 1984); No. 115, 1990 |
|
|
rs. No. 140, 2003 |
|
|
am. No. 133, 2005 |
|
S. 46A................................. |
ad. No. 141, 1987 |
|
|
am. No. 99, 1988; No. 115, 1990; No. 3, 1995 |
|
|
rep. No. 140, 2003 |
|
S. 46AA.............................. |
ad. No. 140, 2003 |
|
|
am. No. 133, 2005 |
|
S. 46B................................. |
ad. No. 140, 2003 |
|
|
am. No. 139, 2003; No. 133, 2005 |
|
S. 47.................................... |
ad. No. 10, 1937 |
|
Part XII |
|
|
Heading to Part XII............... |
ad. No. 52, 1964 |
|
Heading preceding s. 48..... |
ad. No. 10, 1937 |
|
|
rep. No. 52, 1964 |
|
S. 48.................................... |
ad. No. 10, 1937 |
|
|
am. No. 80, 1950; No. 19, 1963; No. 144, 1976; No. 26, 1982 (as am. by No. 80, 1982); No. 141, 1987; No. 99, 1988; No. 115,1990 |
|
|
rep. No. 140, 2003 |
|
S. 48A................................. |
ad. No. 99, 1988 |
|
|
rep. No. 140, 2003 |
|
S. 48B................................. |
ad. No. 99, 1988 |
|
|
rep. No. 140, 2003 |
|
S. 49.................................... |
ad. No. 10, 1937 |
|
|
am. No. 19, 1963; No. 144, 1976; No. 99, 1988 |
|
|
rep. No. 140, 2003 |
|
S. 49A................................. |
ad. No. 52, 1964 |
|
|
rep. No. 140, 2003 |
|
S. 50.................................... |
ad. No. 10, 1937 |
|
|
rep. No. 140, 2003 |
|
S. 51.................................... |
ad. No. 55, 2001 |
Note 2
Section 17--Subsection 70(1) of the Archives Act 1983 provides as follows:
(1) A reference in any law of the Commonwealth or of a Territory, or in any agreement or arrangement, made before the commencement of Part II, to the Commonwealth Archives Office, to the Archival Authority or to the authority concerned with the preservation of the archives shall, in respect of any time after the commencement of Part II, be read as a reference to the Archives.
Section 5 of the Australian Federal Police Act 1979 provides as follows:
(1) In a law of the Commonwealth or of the Australian Capital Territory:
(a) a reference to a Commonwealth Police Officer shall be read as a reference to a member of the Australian Federal Police;
(b) a reference to the Commonwealth Police Force shall be read as a reference to the Australian Federal Police;
(c) a reference to the Police Force of that Territory shall be read as a reference to the Australian Federal Police;
(d) a reference to an officer of police of that Territory shall be read as a reference to a member of the Australian Federal Police; and
(e) a reference to the Commissioner of Police of that Territory, however described, shall be read as a reference to the Commissioner.
(1A) Where a reference in a law of the Commonwealth that does not specify the Australian Capital Territory is, in effect, a reference to, or a reference that includes, that Territory, that reference shall, for the purposes of subsection (1), be taken to be a reference to that Territory.
(2) Where a provision of a law is, by virtue of subsection (1), to be read as referring to a member of the Australian Federal Police holding a particular rank, but that rank does not exist as a rank in the Australian Federal Police, the provision shall be read as referring to a member of the Australian Federal Police holding the rank that is declared by the regulations to be the equivalent of that particular rank.
Subsections 18(11) and (12) of the Bankruptcy Act 1966 provide as follows:
(11) A reference in a law of the Commonwealth to the Official Receiver of the estate of a bankrupt shall, in relation to the vesting, holding or disposal of property, be read as including a reference to the Official Trustee.
(12) A reference in a law of the Commonwealth to the Official Receiver in Bankruptcy shall be read as including a reference to the Official Trustee.
Subsection 150(2) of the Commonwealth Electoral Legislation Amendment Act 1983 provides as follows:
(2) For the purposes of the application of any law of the Commonwealth or of a Territory, or any order or instrument under any such law, in relation to anything done or to be done after the commencement of this section:
(a) a reference to the Australian Electoral Office shall be read as a reference to the Australian Electoral Commission established under the Principal Act as amended by this Act;
(b) a reference to the Chief Australian Electoral Officer or to the Chief Electoral Officer for the Commonwealth shall be read as a reference to the Electoral Commissioner appointed under the Principal Act as amended by this Act; and
(c) a reference to a Commonwealth Electoral Officer for a State or to an Australian Electoral Officer for a State shall be read as a reference to the Australian Electoral Officer for the State appointed under the Principal Act as amended by this Act.
Section 18 of the Law Officers Act 1964 provides as follows:
A reference in a law of the Commonwealth other than this Act, or in a law of a Territory, as in force at the commencement of this Act, to the Solicitor‑General of the Commonwealth or to the Solicitor‑General shall be read as a reference to the Secretary to the Attorney‑General's Department.
Section 67 of the Northern Territory (Self‑Government) Act 1978 provides as follows:
In any law of the Commonwealth or of the Territory or any instrument having effect under such a law (including a law or instrument that came into operation before the commencing date), except so far as the context otherwise requires:
(a) a reference, however expressed, to the Legislative Assembly for the Territory shall be read as a reference to the Legislative Assembly of the Northern Territory of Australia;
(b) a reference, however expressed, to an Ordinance shall be read as including a reference to an enactment;
(c) a reference, however expressed, to the Executive Council established by the previous Act shall be read as including a reference to the Executive Council of the Northern Territory of Australia; and
(d) a reference, however expressed, to a person holding office under a provision of the previous Act shall be read as including a reference to a person holding office under the corresponding provision of this Act.
Note 3
Section 27--Section 7 of the Statutory Declarations Act 1959 provides as follows:
Where, in a law of the Commonwealth or of a Territory (whether passed or made before or after the commencement of this Act), a reference is made to a statutory declaration, the reference includes a reference to a statutory declaration made under this Act, unless the contrary intention appears in that law.
Note 4
Evidence Amendment Act 2008 (No. 135, 2008)
The following amendment commences on 4 December 2009 unless proclaimed earlier:
Schedule 3
6 At the end of section 40
Add:
(4) For the purposes of subsection (3), a reference in relation to a Commonwealth Act may also be made according to a copy of the Act, or a compilation of the Act, as it appears in an Acts database declared under section 4 of the Acts Publication Act 1905.
As at 6 January 2009 the amendment is not incorporated in this compilation.
Table A
Application, saving or transitional provisions
Acts Interpretation Amendment Act 1998 (No. 125, 1998)
Schedule 1
2 Validation of past authorisations
If a Minister (the authorising Minister) purported, before the commencement of this item, to give to another Minister or member of the Executive Council an authorisation to act on behalf of the authorising Minister in the performance of functions or duties, or the exercise of powers, that the authorising Minister was empowered to perform or exercise under an Act or a provision of an Act or under an instrument (including a regulation, rule or Proclamation) having effect under or for the purposes of such an Act or provision:
(a) the authorisation is taken to have been validly given; and
(b) if the authorisation continues in force after that commencement, the authorising Minister may at any time, by writing, revoke the authorisation.
5 Validation of past acts
Any act that a Minister purported to do before the commencement of this Act on behalf of another Minister in the purported performance of a function or duty or the purported exercise of a power conferred on the other Minister by an Act or by an instrument (including a regulation, rule or Proclamation) having effect under or for the purposes of an Act is taken to have been as valid as it would have been if:
(a) the amendment of subsection 19A(1) of the Acts Interpretation Act 1901 made by item 4 had been in force when the purported act was done; and
(b) the purported act had been done by the first‑mentioned Minister under that subsection as amended by that item.
7 Validation of past orders
(1) Any order that the Governor‑General purported to make before the commencement of item 6 under paragraph 19BA(1)(c) of the Acts Interpretation Act 1901 is taken to have been, at all times before that commencement when the order purported to be in force, as valid as it would have been if the amendment made by that item had been in force when the purported order was made.
(2) If an order that the Governor‑General purported to make before the commencement of item 6 under paragraph 19BA(1)(c) of the Acts Interpretation Act 1901 purported to be in force immediately before that commencement, the purported order has the effect after that commencement that it would have if the amendment made by that item had been in force when the purported order was made.
Public Employment (Consequential and Transitional) Amendment Act 1999 (No. 146, 1999)
13 References in statutory instruments to "officer" etc.
(1) In any statutory instrument (other than the Acts Interpretation Act 1901), unless the contrary intention appears:
(a) references in general terms to an officer include references to a new Act Secretary or an APS employee; and
(b) references to an officer of the Commonwealth include references to a new Act Secretary or an APS employee; and
(c) references to an officer or employee of a particular Department or Statutory Agency include references to an APS employee in that Department or Statutory Agency; and
(d) references to a person occupying, holding or performing the duties of an office in a particular Department or Statutory Agency include references to an APS employee in that Department or Statutory Agency; and
(e) references to an employee of a particular Department include references to a locally engaged employee in that Department; and
(f) references in general terms to an office include references to a position occupied by an APS employee; and
(g) references to an office in a particular Department or Statutory Agency include references to a position occupied by an APS employee in that Department or Statutory Agency.
(2) If a reference in a statutory instrument to "the Department" is read as a reference to a particular Department because of subsection 19A(3) of the Acts Interpretation Act 1901, then that reference to "the Department" is a reference to a particular Department for the purposes of this section.
Acts Interpretation Amendment (Court Procedures) Act 2003 (No. 46, 2003)
Schedule 1
2 Application
The amendment made by this Schedule applies in relation to proceedings instituted on or after 7 July 2003.
Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 (No. 140, 2003)
4 Transitional provisions
(1) If legislation introduced into the Parliament before the commencing day but commencing on or after that day:
(a) authorises an instrument to be made in the exercise of a power delegated by the Parliament; and
(b) is expressed to require that instrument to be published as a statutory rule under the Statutory Rules Publication Act 1903;
any instrument so made is taken to be an instrument referred to in paragraph 6(b) of the Legislative Instruments Act 2003 despite the repeal by this Act of the Statutory Rules Publication Act 1903.
(2) If legislation introduced into the Parliament before the commencing day but commencing on or after that day:
(a) authorises an instrument to be made in the exercise of a power delegated by the Parliament; and
(b) is expressed to declare that instrument to be a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901;
any instrument so made is taken to be an instrument referred to in subparagraph 6(d)(i) of the Legislative Instruments Act 2003 despite the repeal by this Act of section 46A of the Acts Interpretation Act 1901.
(3) If legislation that is in force immediately before the commencing day or that is introduced into the Parliament before that day but that commences on or after that day:
(a) authorised or authorises an instrument to be made in the exercise of a power delegated by the Parliament that adversely affects the rights of a person, or results in the imposition of liabilities on a person; and
(b) provided or provides that the instrument has effect, to the extent that it adversely affects those rights or results in the imposition of those liabilities, despite subsection 48(2) of the Acts Interpretation Act 1901, before the date of its notification in the Gazette;
that legislation is to be construed, on and after the commencing day or the day of its commencement, whichever last occurs, as if it had provided instead that the instrument, to the extent that it adversely affects those rights or results in the imposition of those liabilities, has effect, despite subsection 12(2) of the Legislative Instruments Act 2003, before its registration under that Act.
(4) If:
(a) legislation (the enabling legislation) in force immediately before the commencing day:
(i) authorises the making of an instrument; and
(ii) does not declare such an instrument to be a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 but nonetheless makes provision for its disallowance by the application, with or without modification, of the provisions of Part XII of that Act; and
(b) an instrument is made in the exercise of that authority on or after the commencing day; and
(c) the instrument is not a legislative instrument for the purposes of the Legislative Instruments Act 2003 or otherwise;
the enabling legislation has effect, on and after the commencing day, as if:
(d) it had declared such instruments to be disallowable instruments for the purposes of section 46B of the Acts Interpretation Act 1901; and
(e) it had provided for such modifications of the operation of that section as are necessary to ensure that the effect of the applied provisions of Part XII of the Acts Interpretation Act 1901 is preserved.
(5) In this section:
commencing day means the commencing day within the meaning of the Legislative Instruments Act 2003.
Financial Framework Legislation Amendment Act 2005 (No. 8, 2005)
4 Saving of matters in Part 2 of Schedule 1
(1) If:
(a) a decision or action is taken or another thing is made, given or done; and
(b) the thing is taken, made, given or done under a provision of a Part 2 Act that had effect immediately before the commencement of this Act;
then the thing has the corresponding effect, for the purposes of the Part 2 Act as amended by this Act, as if it had been taken, made, given or done under the Part 2 Act as so amended.
(2) In this section:
Part 2 Act means an Act that is amended by an item in Part 2 of Schedule 1.
Schedule 1
496 Saving provision--Finance Minister's determinations
If a determination under subsection 20(1) of the Financial Management and Accountability Act 1997 is in force immediately before the commencement of this item, the determination continues in force as if it were made under subsection 20(1) of that Act as amended by this Act.
Same‑Sex Relationships (Equal Treatment in Commonwealth Laws--Superannuation) Act 2008 (No. 134, 2008)
4 Entitlements from 1 July 2008
(1) If:
(a) a person would have been entitled to one or more payments (the lost payments) under an Act that is amended by Schedule 1, 2, 3 or 5 to this Act if the relevant Schedule had commenced on 1 July 2008; and
(b) because the Schedule did not commence until after 1 July 2008, the person is not entitled to the payment or payments; and
(c) the person makes an application to the Finance Minister for one or more payments (the replacement payments) to compensate the person for the lost payments;
the Finance Minister must make a determination, in accordance with subsection (4), to fully compensate the person.
(2) If:
(a) a person would have been entitled to one or more payments (the lost payments) under the Military Superannuation and Benefits Act 1991 if the first amendment of the Trust Deed under that Act that is made after the commencement of this section had commenced on 1 July 2008; and
(b) because that amendment did not commence until after 1 July 2008, the person is not entitled to the payment or payments; and
(c) the person makes an application to the Finance Minister for one or more payments (the replacement payments) to compensate the person for the lost payments;
the Finance Minister must make a determination, in accordance with subsection (4), to fully compensate the person.
(3) If:
(a) a person would have been entitled to one or more payments (the lost payments) under the Superannuation Act 1990 if the first amendment of the Trust Deed under that Act that is made after the commencement of this section had commenced on 1 July 2008; and
(b) because that amendment did not commence until after 1 July 2008, the person is not entitled to the payment or payments; and
(c) the person makes an application to the Finance Minister for one or more payments (the replacement payments) to compensate the person for the lost payments;
the Finance Minister must make a determination, in accordance with subsection (4), to fully compensate the person.
(4) A determination by the Finance Minister under this subsection must:
(a) be in writing; and
(b) set out:
(i) the amount and timing of the replacement payments; or
(ii) the method of determining the amount and timing of the replacement payments.
(5) An application must be in writing in the form approved by the Finance Minister.
(6) To avoid doubt, a determination of the Finance Minister that a person is entitled to one or more replacement payments does not affect the entitlements of any other person under an Act amended by Schedule 1, 2, 3 or 5 to this Act, the Military Superannuation and Benefits Act 1991 or the Superannuation Act 1990.
(7) Replacement payments are to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.
(8) A determination made under this section is not a legislative instrument.
(9) In this section:
Finance Minister means the Minister who administers the Financial Management and Accountability Act 1997.