Commonwealth Consolidated Acts

ACTS INTERPRETATION ACT 1901 - SECT 19A

             (1)  If a provision of an Act:

                    (aa)  refers to a Minister by using the expression "the Minister" without specifying which Minister is referred to; or

                    (ab)  refers to a particular Minister;

then, unless the contrary intention appears, the reference is a reference to:

                     (a)  if, for the time being, different Ministers administer the provision in respect of different matters:

                              (i)  if 2 or more Ministers administer the provision in respect of the relevant matter--any one of those Ministers; or

                             (ii)  if only one Minister administers the provision in respect of the relevant matter--that Minister;

                     (b)  if paragraph (a) does not apply and, for the time being, 2 or more Ministers administer the provision--any one of those Ministers; or

                     (c)  if paragraphs (a) and (b) do not apply--the Minister for the time being administering the provision.

             (2)  Where an Act refers to a Minister, specifying the Minister merely by reference to the fact that the Minister administers a specified Act or enactment, subsection (1) applies as if references in paragraphs (1)(a), (b) and (c) to the provision were references to the specified Act or enactment.

             (3)  Where a provision of an Act refers to a Department, using the expression "the Department" without specifying which Department is referred to, then, unless the contrary intention appears, the expression means:

                     (a)  if, for the time being, different Ministers administer the provision in respect of different matters--the department of state of the Commonwealth that:

                              (i)  deals with the relevant matter; and

                             (ii)  is administered by the Minister or Ministers administering the provision in respect of that matter; or

                     (b)  in any other case--the Department of State of the Commonwealth that:

                              (i)  deals with the matters to which the provision relates; and

                             (ii)  is administered by the Minister or Ministers for the time being administering the provision.

             (4)  For avoidance of doubt, it is declared that where:

                     (a)  a provision of an Act is administered by 2 or more Ministers; and

                     (b)  by virtue of this section, the provision requires or permits anything to be done by or in relation to any one of those Ministers;

the provision shall not be taken to require or permit it to be done in any particular case by or in relation to more than one of those Ministers.