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ACTS INTERPRETATION ACT 1901 - SECT 36

Calculating time

             (1)  A period of time referred to in an Act that is of a kind mentioned in column 1 of an item in the following table is to be calculated according to the rule mentioned in column 2 of that item:

 

Calculating periods of time


Item

Column 1
If the period of time:

Column 2
then the period of time:

1

is expressed to occur between 2 days

includes both days.

2

is expressed to begin at, on or with a specified day

includes that day.

3

is expressed to continue until a specified day

includes that day.

4

is expressed to end at, on or with a specified day

includes that day.

5

is expressed to begin from a specified day

does not include that day.

6

is expressed to begin after a specified day

does not include that day.

7

is expressed to end before a specified day

does not include that day.

Example 1: If a claim may be made between 1 September and 30 November, a claim may be made on both 1 September and 30 November.

Example 2: If a permission begins on the first day of a financial year, the permission is in force on that day.

Example 3: If a licence continues until 31 March, the licence is valid up to and including 31 March.

Example 4: If a person's right to make submissions ends on the last day of a financial year, the person may make submissions on that day.

Example 5: If a variation of an agreement is expressed to operate from 30 June, the variation starts to operate on 1 July.

Example 6: If a decision is made on 2 August and a person has 28 days after the day the decision is made to seek a review of the decision, the 28-day period begins on 3 August.

Example 7: If a person must give a notice to another person at any time during the period of 7 days before the day a proceeding starts and the proceeding starts on 8 May, the notice may be given at any time during the 7-day period starting on 1 May and ending on 7 May.

             (2)  If:

                     (a)  an Act requires or allows a thing to be done; and

                     (b)  the last day for doing the thing is a Saturday, a Sunday or a holiday;

then the thing may be done on the next day that is not a Saturday, a Sunday or a holiday.

Example:    If a person has until 31 March to make an application and 31 March is a Saturday, the application may be made on Monday 2 April.

             (3)  In this section:

"holiday " , in relation to the time for doing a thing, means:

                     (a)  a day that is a public holiday in the place in which the thing is to be or may be done; and

                     (b)  if the thing is to be or may be done at a particular office or other place--a day on which the place or office is closed for the whole day.



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