ACTS INTERPRETATION ACT 1915 TABLE OF PROVISIONS PART 1--Preliminary 1. Short title 3A. Application of this Act to Acts or statutory instruments whenever passed or made 4. Interpretation 4AA. Parts of speech and grammatical forms 4A. Date of establishment of the State PART 2--Provisions of special application to Acts and Bills 5. Acts to be deemed to be public Acts 6. No requirement for separate enacting words 7. Commencement of Acts 7A. Amendment or repeal of Act in session in which it was passed 10. Evidence of date of assent to Act PART 3--Provisions of special application to statutory instruments 10A. Commencement of certain statutory instruments 11. Saving of statutory instruments on repeal or amendment of an Act 12. Disallowance of repealing statutory instrument revives instrument sought to be repealed 13. Construction of statutory instrument so as not to exceed power 14. Expressions in statutory and other instruments have same meanings as in the Act under which they are made PART 4--Provisions generally applicable to Acts and statutory instruments 14A. Application and interpretation 14B. Citation 14BA. References to other statutory provisions include references to relevant statutory instruments 14C. Exercise of powers conferred by a provision of an Act or statutory instrument before the provision comes into operation 14D. Time of commencement 15. Saving of administrative acts 16. Saving of operation of repealed, amended or expired Act 17. Repeal not to revive previously repealed enactments 18. Abrogation of presumption that re-enactment etc constitutes Parliamentary approval of prior interpretation 19. Material that forms or does not form part of Act 19A. Examples 20. Rules of construction to be applied in determining whether an Act binds the Crown 21. Act deemed always speaking 22. Construction that would promote purpose or object of an Act to be preferred 22A. Construction of Act so as not to exceed power of State 22B. Declaration of validity of laws made before Australia Acts 23. Act to be done by Governor to mean by him with advice of Executive Council 24. When Act or provision deemed to be substituted for another 25. Variation of forms 26. Words importing masculine gender and singular number to include feminine and plural 27. Provisions as to limitation of time 27A. Sitting days 28. Measurement of distances 28A. Standard scales for penalties and expiation fees 29. Fines etc to be paid into Treasury 30. Penalties 33. Service by post 34. "May" imports a discretion, "shall" is imperative 35. Words applying to occupant of public office to apply to successive occupants 36. Power to appoint includes power to remove etc 36A. Gender balance in nomination of persons for appointment to statutory bodies 37. Powers may be exercised from time to time 37A. Manner in which certain powers and functions may be exercised by a delegate 39. Variation, revocation and expiration of regulations, rules or by-laws 40. Prescribing matters by reference to other instruments 42. Who may proceed for recovery of penalties 44. Interpretation of references to summary proceedings 45. Rounding down of monetary amounts 50. Offences punishable under more than one law 51. Production of records kept by computer or other process 52. Bodies corporate and signing or execution of documents Legislative history ACTS INTERPRETATION ACT 1915 - LONG TITLE An Act for consolidating certain Acts relating to the interpretation of Acts of Parliament, and for further shortening and interpreting the language used in Acts of Parliament. ACTS INTERPRETATION ACT 1915 - SECT 1 1--Short title This Act may be cited as the Acts Interpretation Act 1915. ACTS INTERPRETATION ACT 1915 - SECT 3A 3A--Application of this Act to Acts or statutory instruments whenever passed or made Subject to this Act, this Act applies to, or in relation to, an Act or statutory instrument whenever passed or made. ACTS INTERPRETATION ACT 1915 - SECT 4 4--Interpretation (1) In this Act and in every other Act or statutory instrument, unless the contrary intention appears-- "Act" means-- (a) an Act of the Parliament of South Australia or an Act or ordinance of some earlier legislative authority in South Australia; or (b) an Act of the Imperial Parliament that has been received into the law of South Australia or applies to South Australia by paramount force; "ADI" means an authorised deposit-taking institution within the meaning of the Banking Act (Cwth); "AS" or "Australian Standard" or "AS/NZS" or "Australian/New Zealand Standard" means a standard published by or under the authority of Standards Australia (alone or jointly with others); "Australia Acts" means-- (a) the Australia Act 1986 of the Commonwealth; and (b) the Australia Act 1986 of the United Kingdom; "Australian citizen" means a person who is an Australian citizen under the provisions of the Australian Citizenship Act 1948 of the Commonwealth; "bank" means an ADI that is permitted under the Banking Act (Cwth) to assume or use-- (a) the word "bank", "banker" or "banking"; or (b) any other word (whether or not in English) that is of like import to a word referred to in paragraph (a) ; "bank cheque" or "banker's cheque" means a cheque that an ADI draws on itself; "bank holiday" means a day that is, under the Holidays Act 1910 , a bank holiday; "Banking Act (Cwth)" means the Banking Act 1959 of the Commonwealth, as amended from time to time and includes an Act enacted in substitution for that Act; "building society" means an ADI that is permitted under the Banking Act (Cwth) to assume or use-- (a) the expression "building society"; or (b) any other expression (whether or not in English) that is of like import to the expression referred to in paragraph (a) ; "commencement", in relation to an Act or statutory instrument, means the day or time on which the Act or statutory instrument comes into operation; "the Commonwealth" means the Commonwealth of Australia; "credit union" means an ADI that is permitted under the Banking Act (Cwth) to assume or use-- (a) the expression "credit union"; or (b) any expression (whether or not in English) that is of like import to the expression referred to in paragraph (a) ; "data storage device" means any article or material (for example, a disk) from which information is capable of being reproduced, with or without the aid of any other article or device; "document" includes-- (a) any paper or other material on which there is writing; and (b) any map, plan, drawing, graph or photograph; and (c) any paper or other material on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; and (d) any article or material from which sounds, images or writings are capable of being reproduced with or without the aid of any other article or device; "estate", in relation to land, includes any estate or interest, easement, right, title, claim, demand, charge, lien or encumbrance in, over, to, or in respect of, the land; "financial year" means the period of 12 months ending on the expiration of the thirtieth day of June; "friendly society" means a body that is a friendly society for the purposes of the Life Insurance Act 1995 of the Commonwealth as amended from time to time; "the Gazette", "the Government Gazette" or "the South Australian Government Gazette" means the South Australian Government Gazette (including any supplement to that gazette) printed and published, or purporting to be printed and published, by the Government Printer of the State; "the Governor-in-Chief", "the Governor" or "the Lieutenant-Governor" means the Governor of the State or other officer for the time being administering the Government of the State; "His Majesty" or "Her Majesty", "the King" or "the Queen", or "the Crown", means His Majesty the King, or Her Majesty the Queen, Sovereign for the time being of Australia, and includes the predecessors and the heirs and successors of the King or Queen; "judge" means a Judge of the Supreme Court or a District Court Judge; "justice" means justice of the peace for the State; "land" includes-- (a) a building or structure affixed to land; (b) waters and airspace over land; (c) the bed of any body of waters; (d) subsoil and subterranean waters; "major indictable offence" means any indictable offence classified by statute as a major indictable offence1; "the Minister" means-- (a) when used in an Act--the Minister of the Crown to whom the administration of the Act has been committed by the Governor, or in whom the administration of the Act is otherwise vested; and (b) when used in a statutory instrument--the Minister of the Crown to whom the administration of the Act under which the statutory instrument was made has been committed by the Governor, or in whom the administration of that Act is otherwise vested, and includes a Minister of the Crown for the time being discharging the duties of that Minister or acting in the exercise of powers or functions delegated by that Minister; "minor indictable offence" means any indictable offence classified by statute as a minor indictable offence1; "month" means calendar month; "oath" or "affidavit", in all cases where persons are allowed by law to affirm or to declare instead of swearing, includes affirmation or declaration; "Parliament" means the Parliament of the State; "person" or "party" includes a body corporate; "police force" means South Australia Police under the Police Act 1998 ; "police officer" means any member of South Australia Police under the Police Act 1998 ; "prescribed" means-- (a) when used in an Act--prescribed by the Act or by a statutory instrument made, or to be made, under the Act; and (b) when used in a statutory instrument--prescribed by the Act under which the statutory instrument was made, by the statutory instrument itself or by some further statutory instrument made, or to be made, under the Act under which the statutory instrument was made; "proclamation" means a proclamation made by the Governor and published in the Gazette; "public holiday" means a day that is, under the Holidays Act 1910 , a public holiday; "record" includes information stored or recorded by computer or other process; "regulation", "rule" or "by-law" means-- (a) when used in an Act--a regulation, rule or by-law made under the Act in which the expression is used; and (b) when used in a statutory instrument--a regulation, rule or by-law made under the Act under which the statutory instrument was made; "sitting days", in relation to either House of Parliament, means days on which the House actually sits; "special justice" means a justice who has been appointed as a special justice; "Standards Association of Australia" includes-- (a) Standards Australia International Limited; and (b) Standards Australia Limited (ACN 087 326 690); "Standards Australia" means-- (a) Standards Association of Australia; or (b) Standards Australia International Limited; or (c) Standards Australia Limited (ACN 087 326 690); "the State" or "this State" means the State of South Australia; "statutory declaration" means-- (a) a declaration made under the Oaths Act 1936 ; or (b) a declaration made outside the State-- (i) in pursuance of a law in force in the place where the declaration is made, being a law that renders the declarant liable to a criminal penalty for a false declaration; and (ii) before a person who has authority under that law to take declarations; "statutory instrument" means-- (a) a regulation, rule, by-law or statute made under an Act; or (ab) a proclamation, notice, order or other instrument made by the Governor or a Minister under an Act and published in the Gazette; or (b) a code or standard made, approved or adopted under an Act; or (c) any other instrument of a legislative character made or in force under an Act; "summary offence" means any offence classified by statute as a summary offence1; "Supreme Court" means the Supreme Court of the State; "to swear", in all cases where persons are allowed by law to affirm or to declare instead of swearing, includes to affirm or to declare; "this Act", when used in an Act, includes statutory instruments made under the Act in which the expression is used; "United Kingdom" means the United Kingdom of Great Britain and Ireland; "writing" includes any visible form in which words, figures, drawings or symbols may be reproduced or represented. (2) A reference in an Act or statutory instrument to-- (a) "audiotape", "photograph", "videotape" or other word in the form of a verb describing the capture or recording of images or sounds by an audiorecording, cinematographic, photographic or videorecording device includes, unless the contrary intention appears, a reference to the capture or recording of images or sounds by a digital device; (b) an "audiotape", "photograph", "videotape" or other word in the form of a noun describing the item on which images or sounds captured or recorded by an audiorecording, cinematographic, photographic or videorecording device are stored or reproduced includes, unless the contrary intention appears, a reference to a digital data storage device; (c) a "book", "paper", "plan" or other word in the form of a noun describing an item on which there is writing includes, unless the contrary intention appears, a reference to a digital data storage device. Note-- 1 For the classification of offences, the reader should refer to section 5 of the Summary Procedure Act 1921 . However, it should be noted that the principles set out in that section for differentiating major indictable, minor indictable and summary offences may be subject to some special exception made by the Act under which the offence in question is created. ACTS INTERPRETATION ACT 1915 - SECT 4AA 4AA--Parts of speech and grammatical forms If an Act defines a word or phrase, other parts of speech and grammatical forms of the word or phrase have, unless the contrary intention appears, corresponding meanings. ACTS INTERPRETATION ACT 1915 - SECT 4A 4A--Date of establishment of the State For the purposes of the law of the State, the State will be taken to have been established on the twenty-eighth day of December, 1836. ACTS INTERPRETATION ACT 1915 - SECT 5 5--Acts to be deemed to be public Acts Every Act passed after the first day of January, 1873, will be taken to be a public Act. ACTS INTERPRETATION ACT 1915 - SECT 6 6--No requirement for separate enacting words There is no requirement for a section or other portion of an Act to have separate enacting words in order to have effect as a substantive enactment. ACTS INTERPRETATION ACT 1915 - SECT 7 7--Commencement of Acts (1) An Act that contains no provision fixing the date of its commencement, or providing for the fixing of that date, comes into operation on the day on which it is assented to by, or on behalf of, the Crown. (2) Where a Bill is reserved for the signification of Her Majesty's assent, the Bill will be taken, for the purposes of subsection (1) , to have been assented to on the day on which the assent is notified by proclamation in the State. (3) Where an Act provides that the Act or provisions of the Act will come into operation on a day to be fixed by proclamation, then, unless the contrary intention appears, the Governor may by proclamation-- (a) fix a day or time for the Act or provisions to come into operation; (b) fix different days or times for different provisions of the Act to come into operation; (c) suspend the operation of specified provisions of the Act until a day or time or days or times to be fixed by subsequent proclamation or proclamations. (4) For the purposes of subsection (3) , a reference to a provision of an Act extends to-- (a) a part of a provision; (b) a provision to be inserted into another Act by the Act. (4a) The Governor may, by subsequent proclamation made before the date fixed by proclamation under subsection (3) for an Act or provision to come into operation, vary the proclamation so as to delay commencement of the Act or provision. (5) An Act or a provision of an Act passed after the commencement of this subsection that is to be brought into operation by proclamation will be taken to come into operation on the second anniversary of the date on which the Act was assented to by, or on behalf of, the Crown unless brought into operation before that second anniversary. ACTS INTERPRETATION ACT 1915 - SECT 7A 7A--Amendment or repeal of Act in session in which it was passed An Act may be amended or repealed in the session of Parliament in which it was passed. ACTS INTERPRETATION ACT 1915 - SECT 10 10--Evidence of date of assent to Act The date appearing on a copy of an Act printed, or purporting to be printed, by the Government Printer, as the date on which the Governor assented to the Act or made known Her Majesty's assent to the Act is evidence that the date is the date on which the Governor so assented, or made known Her Majesty's assent, and will be judicially noticed accordingly. ACTS INTERPRETATION ACT 1915 - SECT 10A 10A--Commencement of certain statutory instruments (1) A statutory instrument (other than a regulation, rule or by-law made under an Act)-- (a) may come into operation at a date or time specified in the instrument; but (b) may not come into operation earlier than the date on which it is made, approved or adopted unless that earlier operation is authorised by the Act under which the instrument is made, approved or adopted. (2) A statutory instrument (other than a regulation, rule or by-law made under an Act) that contains no provision fixing the date or time of its commencement comes into operation on the day on which it is made, approved or adopted. ACTS INTERPRETATION ACT 1915 - SECT 11 11--Saving of statutory instruments on repeal or amendment of an Act Where-- (a) a statutory or other instrument is in force under an Act; and (b) the Act, or the provision of the Act under which the instrument was made, is repealed by a subsequent Act which contains or provides the power to make instruments to the same or similar effect, the instrument will, subject to the provisions of the subsequent Act, remain in force as if the subsequent Act had been in force when the instrument was made and the instrument had then been made in pursuance of that Act. ACTS INTERPRETATION ACT 1915 - SECT 12 12--Disallowance of repealing statutory instrument revives instrument sought to be repealed Where a statutory instrument that revokes another statutory instrument, or part of another statutory instrument, is disallowed pursuant to any Act, the statutory instrument or part sought to be revoked revives. ACTS INTERPRETATION ACT 1915 - SECT 13 13--Construction of statutory instrument so as not to exceed power A statutory or other instrument made pursuant to a power conferred by or under an Act will be read and construed so as not to exceed that power, so that, where a provision of the instrument, or the application of a provision of the instrument to any person or circumstances, is in excess of that power, the remainder of the instrument, or the application of the provision to other persons and circumstances, is not affected. ACTS INTERPRETATION ACT 1915 - SECT 14 14--Expressions in statutory and other instruments have same meanings as in the Act under which they are made An expression used in a statutory instrument or other instrument made under an Act has, unless the contrary intention appears, the same meaning as in the Act under which the instrument was made, and, where that Act is amended after the instrument is made, or is repealed and substituted by a subsequent Act for the purposes of which the statutory or other instrument continues in force, the same meaning as in the amended or substituted Act. ACTS INTERPRETATION ACT 1915 - SECT 14A 14A--Application and interpretation (1) The provisions of this Part apply both to Acts and statutory instruments. (2) For the purposes of the application of this Part to statutory instruments-- (a) a reference to an Act or an enactment extends to a statutory instrument; and (b) a reference to the passing of an Act extends to the making of a statutory instrument; and (c) a reference to the repeal of an Act extends to the revocation of a statutory instrument; and (d) a reference in section 16 to the repeal of an Act extends to the disallowance of a statutory instrument. (3) In this Part, a reference to a section extends to a clause of an Act and a regulation, rule and by-law and a clause of a statutory instrument. ACTS INTERPRETATION ACT 1915 - SECT 14B 14B--Citation (1) An Act, whether passed before or after the commencement of this Act, may be cited-- (a) by its short title; or (b) by its short title abbreviated by omitting reference to any year except the year in which it was passed. (3) A reference in an Act to some other Act, or a Part or provision of some other Act, (whether an Act of this State or of the Commonwealth or a place outside this State) will, unless the contrary intention appears, be construed-- (a) as a reference to that other Act, Part or provision as amended from time to time; and (b) where the Act, Part or provision is substituted-- (i) by a subsequent Act--as a reference to that subsequent Act; or (ii) by a subsequent Part of an Act--as a reference to that subsequent Part; or (iii) by a subsequent provision of an Act--as a reference to that subsequent provision. (4) An Act of the Commonwealth or of a place outside this State, whether passed before or after the commencement of this Act, may, for the purposes of the law of this State, be cited by any method authorised by, or commonly used in, the statutes of the Commonwealth or that place. (5) Nothing in this section renders unlawful or ineffective any citation or reference that is not made in a manner authorised by this section. ACTS INTERPRETATION ACT 1915 - SECT 14BA 14BA--References to other statutory provisions include references to relevant statutory instruments (1) A reference in an Act to some other Act (whether an Act of this State or of the Commonwealth or a place outside this State) includes, unless the contrary intention appears, reference to statutory instruments made or in force under that other Act. (2) A reference in an Act to a Part or provision of that Act or some other Act (whether an Act of this State or of the Commonwealth or a place outside this State) includes, unless the contrary intention appears-- (a) reference to statutory instruments made or in force under that Part or provision; and (b) reference to statutory instruments made or in force under some other Part or provision of that Act or other Act insofar as the statutory instruments are connected to that Part or provision. ACTS INTERPRETATION ACT 1915 - SECT 14C 14C--Exercise of powers conferred by a provision of an Act or statutory instrument before the provision comes into operation (1) Where-- (a) a provision of an Act that has passed is not yet in operation; and (b) it is expedient that a power expressed to be conferred by the provision be exercised before it comes into operation, the power may be so exercised before the provision comes into operation. (2) Subject to subsection (3) , anything created, granted, issued, done or made under or pursuant to a provision by virtue of subsection (1) will take effect when the provision comes into operation and not before. (3) The appointment of a person to a position pursuant to subsection (1) takes effect at the time of appointment but any power exercised by that person pursuant to subsection (1) does not take effect until the relevant provision comes into operation. ACTS INTERPRETATION ACT 1915 - SECT 14D 14D--Time of commencement Where an Act, or part of an Act, comes into operation on a particular day, it will be taken to have come into operation as from 12 o'clock midnight of the preceding day. ACTS INTERPRETATION ACT 1915 - SECT 15 15--Saving of administrative acts Where an Act is repealed and the repealing Act contains provisions substantially corresponding to provisions of the repealed Act, then, unless the contrary intention appears, any administrative act done in pursuance of the repealed provisions (not being an administrative act the effect of which was exhausted at the time of the repeal) will, insofar as is not inconsistent with the repealing Act, be regarded as an administrative act done for the purposes of the corresponding provisions of the repealing Act. ACTS INTERPRETATION ACT 1915 - SECT 16 16--Saving of operation of repealed, amended or expired Act (1) Where an Act is repealed or amended, or where an Act or enactment expires, then, unless the contrary intention appears, the repeal, amendment or expiry does not-- (a) revive anything not in force or existing at the time the repeal, amendment or expiry takes effect; or (b) affect the operation of the repealed, amended or expired Act or enactment, or alter the effect of the doing, suffering or omission of anything, prior to the repeal, amendment or expiry; or (c) affect any right, interest, title, power or privilege created, acquired, accrued, established or exercisable, or any status or capacity existing, prior to the repeal, amendment or expiry; or (d) affect any duty, obligation, liability or burden of proof imposed, created or incurred, or any penalty, forfeiture or punishment incurred or imposed or liable to be incurred or imposed, prior to the repeal, amendment or expiry; or (e) affect any investigation, legal proceedings or remedy in respect of any such right, interest, title, power, privilege, status, capacity, duty, obligation, liability, burden of proof, penalty, forfeiture or punishment. (2) Any such investigation, legal proceedings or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed and enforced, as if the repeal or amendment had not been effected or as if the expired Act or enactment had not expired (as the case may be). (2a) Where any office, court, tribunal or body would, apart from this section, cease to exist by reason of the repeal, amendment or expiry, then, for the purpose of instituting, continuing or enforcing any such investigation, legal proceeding or remedy, the office, court, tribunal, or body continues in existence (and, if necessary, new appointments may be made to it) as if the repeal or amendment had not been effected, or as if the expired Act or enactment had not expired (as the case may be). (3) Any Act or enactment will, notwithstanding its repeal, amendment or expiry, continue in force for the purposes of continuing and completing any act, matter or thing commenced or in progress under that Act or enactment, if there is no substituted Act or enactment adapted to its continuance and completion. (4) In this section-- "legal proceeding" includes any proceeding pursuant to an Act, enactment or law whether of a judicial or administrative nature. ACTS INTERPRETATION ACT 1915 - SECT 17 17--Repeal not to revive previously repealed enactments Where a repealing enactment is repealed by an Act, there is no revival of any Act or enactment previously repealed unless the contrary intention is expressed. ACTS INTERPRETATION ACT 1915 - SECT 18 18--Abrogation of presumption that re-enactment etc constitutes Parliamentary approval of prior interpretation The enactment or re-enactment of a provision that has been construed in a particular manner (judicially or otherwise) in this State or elsewhere creates no presumption that Parliament has sanctioned or approved that construction. ACTS INTERPRETATION ACT 1915 - SECT 19 19--Material that forms or does not form part of Act (1) The following form part of an Act, subject to any express provision to the contrary: (a) preambles, schedules, dictionaries and appendices (including their headings); (b) chapter headings, part headings, division headings and subdivision headings; (c) examples, qualifications, exceptions, tables, diagrams, maps and other illustrations (including their headings), except where they form part of a note that does not form part of the Act; (d) punctuation. (2) The following do not form part of an Act, subject to any express provision to the contrary: (a) section headings; (b) notes (including their headings); (c) lists of contents. (3) In this section-- "appendix" does not include an appendix containing legislative history notes; "note" means-- (a) a marginal note; or (b) a footnote (whether at the foot of a page or a section or a heading); or (c) any text designated as a note; "section" has the meaning assigned by section 14A and includes a portion of a section. ACTS INTERPRETATION ACT 1915 - SECT 19A 19A--Examples If an example forms part of an Act, the example-- (a) is not exhaustive; and (b) may extend, but does not limit, the meaning of the Act or the provision to which it relates. ACTS INTERPRETATION ACT 1915 - SECT 20 20--Rules of construction to be applied in determining whether an Act binds the Crown (1) Subject to subsection (2) , an Act passed after 20 June 1990 will, unless the contrary intention appears (either expressly or by implication), be taken to bind the Crown, but not so as to impose any criminal liability on the Crown. (2) Where an Act passed after 20 June 1990 amends an Act passed before that date, the question whether the amendment binds the Crown will be determined in accordance with principles applicable to the interpretation of Acts passed before 20 June 1990. (3) Where an Act or a provision of an Act (whether passed before or after 20 June 1990) binds the Crown but not so as to impose any criminal liability on the Crown, the Crown's immunity from criminal liability extends (unless the contrary intention is expressed) to an agent of the Crown in respect of an act within the scope of the agent's obligations. (4) Where an Act or a provision of an Act (whether passed before or after 20 June 1990) does not bind the Crown, the Crown's immunity extends (unless the contrary intention is expressed) to an agent of the Crown in respect of an act within the scope of the agent's obligations. (5) For the purposes of this section-- (a) a reference to the Crown extends not only to the Crown in right of this State but also (so far as the legislative power of the State permits) to the Crown in any other capacity; (b) a reference to an agent of the Crown extends to an instrumentality, officer or employee of the Crown or a contractor or other person who carries out functions on behalf of the Crown; (c) an agent acts within the scope of the agent's obligations if the act is reasonably required for carrying out of obligations or functions imposed on, or assigned to, the agent. ACTS INTERPRETATION ACT 1915 - SECT 21 21--Act deemed always speaking Every Act will be considered as speaking at all times, and every enactment, whether expressed in the present or the future tense, will be applied to the circumstances as they arise, so that effect may be given to each Act and every provision according to its spirit, true intent and meaning. ACTS INTERPRETATION ACT 1915 - SECT 22 22--Construction that would promote purpose or object of an Act to be preferred (1) Subject to subsection (2) , where a provision of an Act is reasonably open to more than one construction, a construction that would promote the purpose or object of the Act (whether or not that purpose or object is expressly stated in the Act) must be preferred to a construction that would not promote that purpose or object. (2) This section does not operate to create or extend any criminal liability. ACTS INTERPRETATION ACT 1915 - SECT 22A 22A--Construction of Act so as not to exceed power of State (1) Every Act and every provision of an Act will be construed so as not to exceed the legislative power of the State. (2) Any Act or provision of an Act which, but for this section, would exceed the power of the State, is nevertheless a valid enactment to the extent to which it does not exceed that power. ACTS INTERPRETATION ACT 1915 - SECT 22B 22B--Declaration of validity of laws made before Australia Acts Each provision of an Act or statutory instrument enacted or made, or purporting to have been enacted or made, before the commencement of the Australia Acts is as valid as it would have been, and has the same effect as it would have had, if the Australia Acts had been in operation at the time of its enactment or making or purported enactment or making. ACTS INTERPRETATION ACT 1915 - SECT 23 23--Act to be done by Governor to mean by him with advice of Executive Council Where in any Act passed after the first day of January, 1873, the Governor is authorised or required to do any act, matter or thing, it will be taken to mean that the act, matter or thing may or must be done by the Governor with the advice and consent of the Executive Council. ACTS INTERPRETATION ACT 1915 - SECT 24 24--When Act or provision deemed to be substituted for another For the purposes of this Act and of any other Act, a later Act will be taken to be substituted for an earlier Act, or a provision of a later Act will be taken to be substituted for a provision of an earlier Act, when the earlier Act or provision is repealed or superseded and the later Act deals with the same matter as the Act or provision so repealed or superseded, whether it deals with the matter in the same or some other manner, and whether it deals only with the matter or with other matters also. ACTS INTERPRETATION ACT 1915 - SECT 25 25--Variation of forms Whenever forms are prescribed or approved under any Act, forms to the same effect are sufficient provided that deviations from the prescribed or approved forms are not calculated to mislead. ACTS INTERPRETATION ACT 1915 - SECT 26 26--Words importing masculine gender and singular number to include feminine and plural In every Act-- (a) every word of the masculine gender will be construed as including the feminine gender; (ab) every word of the feminine gender will be construed as including the masculine gender; (b) every word in the singular number will be construed as including the plural number; (c) every word in the plural number will be construed as including the singular number; (d) every word in either of those genders or numbers will be construed as including a body corporate as well as an individual; (e) every phrase consisting of a masculine pronoun and a feminine pronoun joined by the conjunction "or" will, if the antecedent is capable of referring to a body corporate, be construed as applicable to a body corporate as well as a natural person. ACTS INTERPRETATION ACT 1915 - SECT 27 27--Provisions as to limitation of time (1) The time prescribed or allowed by any Act for any proceeding, or for the doing of any thing, or for suffering any thing, will be taken not to include the day of the act or event from or after which the time is to be calculated, but to include the day on which the proceeding is to be taken or the thing is to be done or suffered. (2) If the time so prescribed or allowed falls or expires on a Saturday or Sunday, or on any public holiday, the time will be extended so as to fall or expire on the day next following the Saturday, Sunday or public holiday that is not itself a Saturday, Sunday or public holiday. (3) Where no time is prescribed or allowed within which any thing must be done, the thing must be done with all convenient speed and as often as the prescribed occasion arises. ACTS INTERPRETATION ACT 1915 - SECT 27A 27A--Sitting days A reference in an Act to a number of sitting days of a House of Parliament is, unless the contrary intention appears, a reference to the number of those days regardless of whether the days or some of the days occur in different sessions of Parliament or in different Parliaments. ACTS INTERPRETATION ACT 1915 - SECT 28 28--Measurement of distances In the measurement of distance for the purposes of an Act, the distance will, unless the contrary intention appears, be measured in a straight line on a horizontal plane. ACTS INTERPRETATION ACT 1915 - SECT 28A 28A--Standard scales for penalties and expiation fees Unless a contrary intention is indicated in an Act in which an expression in the left hand column below appears, that expression has the meaning appearing opposite it in the right hand column: Division 1 imprisonment a term of imprisonment not exceeding 15 years Division 1 fine a fine not exceeding $60 000 Division 2 imprisonment a term of imprisonment not exceeding 10 years Division 2 fine a fine not exceeding $40 000 Division 3 imprisonment a term of imprisonment not exceeding 7 years Division 3 fine a fine not exceeding $30 000 Division 4 imprisonment a term of imprisonment not exceeding 4 years Division 4 fine a fine not exceeding $15 000 Division 5 imprisonment a term of imprisonment not exceeding 2 years Division 5 fine a fine not exceeding $8 000 Division 6 imprisonment a term of imprisonment not exceeding 1 year Division 6 fine a fine not exceeding $4 000 Division 6 fee an expiation fee of $300 Division 7 imprisonment a term of imprisonment not exceeding 6 months Division 7 fine a fine not exceeding $2 000 Division 7 fee an expiation fee of $200 Division 8 imprisonment a term of imprisonment not exceeding 3 months Division 8 fine a fine not exceeding $1 000 Division 8 fee an expiation fee of $150 Division 9 fine a fine not exceeding $500 Division 9 fee an expiation fee of $100 Division 10 fine a fine not exceeding $200 Division 10 fee an expiation fee of $75 Division 11 fine a fine not exceeding $100 Division 11 fee an expiation fee of $50 Division 12 fine a fine not exceeding $50 Division 12 fee an expiation fee of $25. ACTS INTERPRETATION ACT 1915 - SECT 29 29--Fines etc to be paid into Treasury Whenever any fine, penalty or forfeiture is imposed or made by, or authorised to be imposed or made under, any Act, the Act will be taken to provide that the fine, penalty or forfeiture, when recovered, must be paid to the Treasurer of the State and form part of the General Revenue. ACTS INTERPRETATION ACT 1915 - SECT 30 30--Penalties (1) A penalty set out at the foot of a section or subsection that contains words creating an offence indicates that the offence is punishable on conviction by a penalty not exceeding the penalty so set out or, where a minimum as well as a maximum penalty is so set out, by a penalty not less than the minimum and not more than the maximum. (2) A penalty set out at the foot of a section or subsection that does not contain words creating an offence indicates that contravention of the section or subsection (whether by act or omission) constitutes an offence punishable on conviction by a penalty not exceeding the penalty so set out or, where a minimum as well as a maximum penalty is so set out, by a penalty not less than the minimum and not more than the maximum. (3) In this section-- "penalty" includes punishment. ACTS INTERPRETATION ACT 1915 - SECT 33 33--Service by post (1) Where any Act passed after the passing of this Act authorises or requires any document to be served by post (whether the expression "serve", "give", "deliver" or "send", or any other expression is used), then, unless the contrary intention appears, the Act will be taken to provide-- (a) that the service is effected by properly addressing, prepaying and posting a letter or packet containing the document; and (b) that, unless the contrary is proved, service will be taken to have been effected at the time at which the letter or packet would be delivered in the ordinary course of post. (2) Where any Act authorises or requires any document to be served by certified mail (whether the expression "serve", "give", "deliver" or "send", or any other expression is used) then, unless the contrary intention appears, the Act will be taken to provide that service may be effected by registered post. ACTS INTERPRETATION ACT 1915 - SECT 34 34--"May" imports a discretion, "shall" is imperative Where, in any Act passed after the first day of January, 1873, the word "may" is used in conferring a power, it implies that the power may be exercised or not, at discretion; and where, in any such Act the word "shall" is used in conferring a power, it implies that the power must be exercised. ACTS INTERPRETATION ACT 1915 - SECT 35 35--Words applying to occupant of public office to apply to successive occupants Words directing or empowering any Minister of the Crown or any public officer or functionary to do any act or thing, or otherwise applying by reference to his or her office will be construed as applying to the person for the time being acting in the office or discharging the duties of the office. ACTS INTERPRETATION ACT 1915 - SECT 36 36--Power to appoint includes power to remove etc Words giving power to appoint to any office or position, or to appoint a deputy, will be taken to include power, exercisable at the discretion of the person in whom the power to appoint is vested-- (a) to suspend or remove any person appointed under that power; or (b) to reinstate or reappoint any person so suspended or removed; or (c) to appoint some other person, temporarily or permanently, in the place of a person so suspended or removed; or (d) to appoint some other person, temporarily or permanently, to the office or position-- (i) where a person previously appointed is, for any reason, unable to carry out the duties of the office or position; or (ii) where the office or position is vacant. ACTS INTERPRETATION ACT 1915 - SECT 36A 36A--Gender balance in nomination of persons for appointment to statutory bodies (1) This section applies if an Act provides for a member of a body to be appointed by the Governor or a Minister on the nomination of a non-government entity. (2) If the Act provides for the non-government entity to nominate a panel of persons from which the Governor or Minister is to select a person for appointment, the Act will be taken to provide that the panel-- (a) must include at least 1 woman and 1 man; and (b) must, as far as practicable, be comprised of equal numbers of women and men. (3) If the Act does not provide for the non-government entity to nominate a panel of persons from which the Governor or Minister is to select a person for appointment, the Act will be taken to provide that-- (a) the non-government entity must nominate a panel of persons comprised of not less than twice the number of members of the body to be appointed on the nomination of the entity plus one; and (b) the panel-- (i) must include at least 1 woman and 1 man; and (ii) must, as far as practicable, be comprised of equal numbers of women and men; and (c) the Governor or Minister must select the person for appointment from the panel. (4) This section does not derogate from the need to properly assess merit in selecting persons for appointment. (5) In this section-- "non-government entity" means a person or body other than an officer, agency or instrumentality (including a Minister) of the Crown in right of the State or the Commonwealth or another State or a Territory of the Commonwealth. ACTS INTERPRETATION ACT 1915 - SECT 37 37--Powers may be exercised from time to time A power given by any Act to do any act or thing (including the making of an appointment), or to submit to any act or thing, is capable of being exercised from time to time, as occasion requires, unless the context, or the nature of the act or thing, indicates a contrary intention. ACTS INTERPRETATION ACT 1915 - SECT 37A 37A--Manner in which certain powers and functions may be exercised by a delegate Where under an Act the exercise of a power or function by a person is dependent upon his or her state of mind, opinion or belief in relation to a particular matter-- (a) the power or function is not incapable of delegation by reason of the fact that it is so dependent; and (b) if the power or function is lawfully delegated, it may be exercised by the delegate upon the basis of his or her own state of mind, opinion or belief in relation to the matter. ACTS INTERPRETATION ACT 1915 - SECT 39 39--Variation, revocation and expiration of regulations, rules or by-laws (1) A power in an Act to make regulations, rules or by-laws includes power to vary or revoke the regulations, rules or by-laws. (2) The power to vary or revoke is exercisable in the same way, and subject to the same conditions, as the power to make the regulations, rules or by-laws. (3) Regulations, rules and by-laws may include a provision specifying a day on which the regulations, rules or by-laws expire. ACTS INTERPRETATION ACT 1915 - SECT 40 40--Prescribing matters by reference to other instruments Where an Act authorises or requires provision to be made for or in relation to a matter by regulations, rules or by-laws, the regulations, rules or by-laws may, unless the contrary intention appears, make such provision by applying, adopting or incorporating, with or without modification-- (a) the provisions of any Act, or of any statutory instrument, as in force from time to time or as in force at a specified time; or (b) any material contained in any other instrument or writing as in force or existing when the regulations, rules or by-laws take effect or as in force or existing at a specified prior time. ACTS INTERPRETATION ACT 1915 - SECT 42 42--Who may proceed for recovery of penalties Any person may sue for, or take proceedings to recover, and may recover any fine, penalty, or forfeiture imposed by, or authorised to be imposed or awarded under, any Act, unless the right to sue or take proceedings is vested by the Act in a particular officer or person. ACTS INTERPRETATION ACT 1915 - SECT 44 44--Interpretation of references to summary proceedings (1) Where it is provided in any Act that proceedings for offences are to be dealt with, or disposed of, summarily or before a special magistrate or one or more justices, those offences will be dealt with under the Summary Procedure Act 1921 as summary offences. (2) Where it is provided in any Act that a pecuniary sum may be recovered summarily or before or on the award of a special magistrate or one or more justices, that sum may be recovered on complaint in proceedings under the Summary Procedure Act 1921 and an order for payment made in any such proceedings is enforceable as if it were a fine. ACTS INTERPRETATION ACT 1915 - SECT 45 45--Rounding down of monetary amounts An enactment providing for the calculation and payment of a tax, fee, charge, or other amount must be construed as if it provided that the calculated amount, if not an exact multiple of 5 cents, is to be rounded down to the highest multiple of 5 cents that is less than that amount. ACTS INTERPRETATION ACT 1915 - SECT 50 50--Offences punishable under more than one law Where any act or omission constitutes an offence under two or more Acts, or both under an Act or Acts and at common law, the offender will, unless the contrary intention appears, be liable to be prosecuted and punished under either or any of those Acts or at common law, but is not liable to be punished twice for the same offence. ACTS INTERPRETATION ACT 1915 - SECT 51 51--Production of records kept by computer or other process If a person who keeps information by computer or other process is required under an Act-- (a) to produce the information or a document containing the information to a body or person; or (b) to make the information or a document containing the information available for inspection by a body or person, then, unless the body or person otherwise directs-- (c) the requirement obliges the person to produce or make available for inspection, as the case may be, a document that reproduces the information in a form capable of being understood by the body or person; and (d) the production to the body or person of the document in that form complies with the requirement. ACTS INTERPRETATION ACT 1915 - SECT 52 52--Bodies corporate and signing or execution of documents If an Act requires or authorises a document to be signed or executed by a person and the person is a body corporate, the Act will be taken to require or authorise the affixing of the common seal of the body to the document, or the signing of the document on behalf of the body, in accordance with the Act (whether or not of this State) under which the body is incorporated. ACTS INTERPRETATION ACT 1915 - NOTES Legislative history Notes * Please note--References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. * Earlier versions of this Act (historical versions) are listed at the end of the legislative history. * For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Legislation repealed by principal Act The Acts Interpretation Act 1915 repealed the following: Language of Acts Amendment Act 1900 Legislation amended by principal Act The Acts Interpretation Act 1915 amended the following: An Act for shortening and explaining the Language used in Acts of Parliament, and for other purposes (No 9 of 1872) Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement 1915 1215 Acts Interpretation Act 1915 16.12.1915 16.12.1915 1923 1564 Acts Interpretation Act Amendment Act 1923 repealed by 2253/1935 14.11.1923 repealed by 2253/1935 without coming into operation 1935 2253 Supreme Court Act 1935 21.12.1935 1.11.1937 (Gazette 25.3.1937 p646) 1936 2293 Statute Law Revision Act 1936 8.10.1936 8.10.1936 1945 10 Acts Interpretation Act Amendment Act 1945 15.11.1945 15.11.1945 1949 58 Acts Interpretation Act Amendment Act 1949 8.12.1949 8.12.1949 1957 23 Acts Interpretation Act Amendment Act 1957 31.10.1957 31.10.1957 1971 74 Statutes Amendment (Administration of Acts and Acts Interpretation) Act 1971 11.11.1971 11.11.1971 1972 118 Acts Interpretation Act Amendment Act 1972 30.11.1972 14.12.1972 (Gazette 14.12.1972 p2630) 1975 102 Acts Interpretation Act Amendment Act 1975 20.11.1975 20.11.1975 1978 3 Subordinate Legislation Act 1978 23.2.1978 1.6.1978 (Gazette 11.5.1978 p1652) 1981 107 Criminal Law Consolidation Act Amendment Act 1981 23.12.1981 11.2.1982 (Gazette 11.2.1982 p361) 1983 41 Acts Interpretation Act Amendment Act 1983 16.6.1983 1.7.1983 (Gazette 30.6.1983 p1754) 1984 56 Statutes Amendment (Oaths and Affirmations) Act 1984 24.5.1984 1.7.1984 (Gazette 28.6.1984 p1897) 1986 13 Acts Interpretation Act Amendment Act 1986 20.3.1986 20.3.1986 1988 6 Acts Interpretation Act Amendment Act 1988 10.3.1988 10.3.1988 1988 8 Acts Interpretation Act Amendment Act (No. 2) 1988 10.3.1988 5.5.1988 (Gazette 5.5.1988 p1115) 1988 51 Statutes Amendment and Repeal (Sentencing) Act 1988 5.5.1988 ss 3 & 4--8.9.1988 (Gazette 8.9.1988 p994); ss 5 & 6--1.1.1989 (Gazette 15.12.1988 p2009) 1988 55 Acts Interpretation Act Amendment Act (No. 3) 1988 8.9.1988 8.9.1988 1990 56 Acts Interpretation Act Amendment Act 1990 22.11.1990 22.11.1990 1991 69 Statutes Repeal and Amendment (Courts) Act 1991 12.12.1991 6.7.1992 (Gazette 2.7.1992 p209) 1992 8 Acts Interpretation (Crown Prerogative) Amendment Act 1992 16.4.1992 16.4.1992 1992 14 Acts Interpretation (Commencement) Amendment Act 1992 16.4.1992 16.4.1992 1992 70 Acts Interpretation (Australia Acts) Amendment Act 1992 19.11.1992 3.3.1986, 5.00 a.m. Greenwich Mean Time: s 2 1992 72 Expiation of Offences (Divisional Fees) Amendment Act 1992 19.11.1992 Sch--1.3.1993 (Gazette 18.2.1993 p596) 1994 1 Acts Interpretation (Commencement Proclamations) Amendment Act 1994 28.2.1994 28.2.1994 1994 15 Acts Interpretation (Monetary Amounts) Amendment Act 1994 12.5.1994 12.5.1994 1994 92 Native Title (South Australia) Act 1994 15.12.1994 Sch--15.12.1994 (Gazette 15.12.1994 p2129) 1996 34 Statutes Amendment and Repeal (Common Expiation Scheme) Act 1996 2.5.1996 Sch (cl 1)--3.2.1997 (Gazette 19.12.1996 p1923) 1997 30 Statutes Amendment (References to Banks) Act 1997 12.6.1997 Pt 2 (s 4)--3.7.1997 (Gazette 3.7.1997 p4) 1998 55 Police Act 1998 3.9.1998 Sch 3 (cl 1)--1.7.1999 (Gazette 30.6.1999 p3310) 1998 59 Statutes Amendment (Attorney-General's Portfolio) Act 1998 3.9.1998 Pt 2 (s 4)--10.3.1988: s 2(2) 1999 33 Financial Sector Reform (South Australia) Act 1999 17.6.1999 Sch (item 2)--1.7.1999 being the date specified under s 3(16) of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 of the Commonwealth as the transfer date for the purposes of that Act: s 2(2) 2002 33 Statutes Amendment (Attorney-General's Portfolio) Act 2002 28.11.2002 Pt 2 (s 4)--3.3.2003 (Gazette 27.2.2003 p807) 2005 7 Acts Interpretation (Gender Balance) Amendment Act 2005 21.4.2005 21.7.2005 (Gazette 21.7.2005 p2465) 2005 13 Acts Interpretation (Miscellaneous) Amendment Act 2005 21.4.2005 Pt 2 (ss 4--16 and new s 52 (as inserted by s 17))--3.10.2005 (Gazette 29.9.2005 p3547); new s 51 (as inserted by s 17)--21.4.2007 (s 7(5) Acts Interpretation Act 1915) 2005 56 Justices of the Peace Act 2005 17.11.2005 Sch 2 (cll 2 & 3)--1.7.2006 (Gazette 22.6.2006 p2012) 2006 44 Statutes Amendment (Justice Portfolio) Act 2006 14.12.2006 Pt 2 (s 4)--18.1.2007 (Gazette 18.1.2007 p234) Provisions amended since 3 February 1976 * Legislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 1 of The Public General Acts of South Australia 1837-1975 at page 55. * Certain textual alterations were made to this Act by the Commissioner of Statute Revision when preparing the reprint of the Act that incorporated all amendments in force as at 8 May 1987. A Schedule of these alterations was laid before Parliament on 6 August 1987. New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Pt 1 heading inserted by 41/1983 s 3 1.7.1983 s 2 deleted by 13/1986 (Sch) 20.3.1986 heading preceding s 3 deleted by 41/1983 s 4 1.7.1983 s 3 substituted by 41/1983 s 4 1.7.1983 deleted by 13/1986 (Sch) 20.3.1986 s 3A inserted by 41/1983 s 4 1.7.1983 heading preceding s 4 deleted by 13/1986 (Sch) 20.3.1986 s 4 s 4(1) s 4 amended by 41/1983 s 5(a) 1.7.1983 s 4 redesignated as s 4(1) by 30/1997 s 4(b) 3.7.1997 Act substituted by 13/1986 (Sch) 20.3.1986 ADI inserted by 33/1999 Sch (item 2(a)) 1.7.1999 AS or Australian Standard or AS/NZS or Australian/New Zealand Standard inserted by 13/2005 s 4(1) 3.10.2005 Australia Acts inserted by 70/1992 s 3 3.3.1986 Australian citizen amended by 13/1986 (Sch) 20.3.1986 bank inserted by 30/1997 s 4(a) 3.7.1997 substituted by 33/1999 Sch (item 2(b)) 1.7.1999 bank cheque or banker's cheque inserted by 33/1999 Sch (item 2(b)) 1.7.1999 Banking Act (Cwth) inserted by 33/1999 Sch (item 2(c)) 1.7.1999 building society inserted by 33/1999 Sch (item 2(c)) 1.7.1999 British possession deleted by 13/1986 (Sch) 20.3.1986 by-law deleted by 41/1983 s 5(b) 1.7.1983 commencement of this Act, passing of this Act deleted by 41/1983 s 5(c) 1.7.1983 commencement inserted by 41/1983 s 5(c) 1.7.1983 amended by 44/2006 s 4 18.1.2007 credit union inserted by 33/1999 Sch (item 2(d)) 1.7.1999 data storage device inserted by 13/2005 s 4(2) 3.10.2005 document inserted by 13/2005 s 4(2) 3.10.2005 financial year substituted by 41/1983 s 5(d) 1.7.1983 friendly society inserted by 33/1999 Sch (item 2(e)) 1.7.1999 Gazette amended by 13/1986 (Sch) 20.3.1986 judge amended by 13/1986 (Sch) 20.3.1986 land substituted by 92/1994 Sch 15.12.1994 major indictable offence inserted by 69/1991 s 17(a) 6.7.1992 Minister substituted by 41/1983 s 5(e) 1.7.1983 minor indictable offence inserted by 107/1981 s 27(a) 11.2.1982 substituted by 69/1991 s 17(b) 6.7.1992 naturalised British subject deleted by 13/1986 (Sch) 20.3.1986 police force inserted by 55/1998 Sch 3 (cl 1) 1.7.1999 police officer inserted by 55/1998 Sch 3 (cl 1) 1.7.1999 prescribed substituted by 41/1983 s 5(f) 1.7.1983 record inserted by 13/2005 s 4(3) 3.10.2005 regulation, rule or by-law substituted by 41/1983 s 5(g) 1.7.1983 special justice inserted by 56/2005 Sch 2 cl 2 1.7.2006 Standards Association of Australia inserted by 13/2005 s 4(4) 3.10.2005 Standards Australia inserted by 13/2005 s 4(4) 3.10.2005 statutory declaration substituted by 13/1986 (Sch) 20.3.1986 statutory instrument inserted by 41/1983 s 5(h) 1.7.1983 substituted by 6/1988 s 2 10.3.1988 amended by 56/1990 s 2 22.11.1990 amended by 13/2005 s 4(5) 3.10.2005 summary offence inserted by 107/1981 s 27(b) 11.2.1982 substituted by 69/1991 s 17(c) 6.7.1992 this Act substituted by 41/1983 s 5(i) 1.7.1983 writing inserted by 13/1986 (Sch) 20.3.1986 amended by 13/2005 s 4(6) 3.10.2005 passage "Expressions referring ... visible form" deleted by 13/1986 (Sch) 20.3.1986 s 4(2) inserted by 30/1997 s 4(b) 3.7.1997 deleted by 33/1999 Sch (item 2(f)) 1.7.1999 inserted by 13/2005 s 4(7) 3.10.2005 s 4AA inserted by 13/2005 s 5 3.10.2005 s 4A inserted by 41/1983 s 6 1.7.1983 Pt 2 heading preceding s 5 deleted and Pt 2 heading inserted by 41/1983 s 7 1.7.1983 s 5 substituted by 41/1983 s 7 1.7.1983 heading preceding s 6 deleted by 41/1983 s 7 1.7.1983 s 6 substituted by 41/1983 s 7 1.7.1983 substituted by 13/2005 s 6 3.10.2005 s 7 amended by 41/1983 s 8 1.7.1983 s 7 substituted by 13/1986 (Sch) 20.3.1986 s 7(3) inserted by 55/1988 s 2 8.9.1988 amended by 13/2005 s 7(1)--(3) 3.10.2005 s 7(4) inserted by 55/1988 s 2 8.9.1988 s 7(4a) inserted by 1/1994 s 2 28.2.1994 deleted by 1/1994 s 3 31.12.1994 inserted by 13/2005 s 7(4) 3.10.2005 s 7(5) inserted by 14/1992 s 2 16.4.1992 s 7A inserted by 41/1983 s 9 1.7.1983 s 8 deleted by 13/1986 (Sch) 20.3.1986 s 9 deleted by 41/1983 s 10 1.7.1983 s 10 amended by 13/1986 (Sch) 20.3.1986 Pt 3 heading preceding s 11 deleted and Pt 3 heading inserted by 41/1983 s 11 1.7.1983 s 10A inserted by 13/2005 s 8 3.10.2005 ss 11--14 substituted by 41/1983 s 11 1.7.1983 Pt 4 heading inserted by 41/1983 s 11 1.7.1983 s 14A inserted by 41/1983 s 11 1.7.1983 s 14A(3) inserted by 13/2005 s 9 3.10.2005 s 14B inserted by 41/1983 s 11 1.7.1983 s 14B(2) deleted by 56/1990 s 3 22.11.1990 s 14B(3) amended by 13/2005 s 10 3.10.2005 s 14BA inserted by 56/1990 s 4 22.11.1990 s 14BA(2) substituted by 33/2002 s 4 3.3.2003 s 14C inserted by 41/1983 s 11 1.7.1983 substituted by 6/1988 s 3 10.3.1988 s 14C(2) amended by 59/1998 s 4(a) 10.3.1988 s 14C(3) inserted by 59/1998 s 4(b) 10.3.1988 s 14D inserted by 41/1983 s 11 1.7.1983 s 15 amended by 41/1983 s 12 1.7.1983 substituted by 13/1986 (Sch) 20.3.1986 s 16 s 16(1) amended by 41/1983 s 13(a)--(c) 1.7.1983 s 16(2) amended by 41/1983 s 13(d) 1.7.1983 s 16(2a) inserted by 13/1986 s 2(a) 20.3.1986 s 16(3) amended by 41/1983 s 13(e), (f) 1.7.1983 amended by 13/1986 s 2(b) 20.3.1986 s 16(4) inserted by 13/1986 s 2(c) 20.3.1986 s 17 substituted by 41/1983 s 14 1.7.1983 heading preceding s 18 deleted by 41/1983 s 15 1.7.1983 s 18 deleted by 41/1983 s 15 1.7.1983 inserted by 13/1986 s 3 20.3.1986 s 19 deleted by 41/1983 s 15 1.7.1983 inserted by 6/1988 s 4 10.3.1988 substituted by 13/2005 s 11 3.10.2005 s 19A inserted by 13/2005 s 11 3.10.2005 s 20 deleted by 41/1983 s 15 1.7.1983 inserted by 8/1992 s 2 16.4.1992 s 21 amended by 13/1986 (Sch) 20.3.1986 s 22 substituted by 13/1986 s 4 20.3.1986 s 22A s 22A(3) deleted by 41/1983 s 16 1.7.1983 s 22B inserted by 70/1992 s 4 3.3.1986 heading preceding s 23 deleted by 41/1983 s 17 1.7.1983 s 24 amended by 41/1983 s 18 1.7.1983 amended by 13/1986 (Sch) 20.3.1986 s 25 amended by 41/1983 s 19 1.7.1983 substituted by 13/1986 (Sch) 20.3.1986 amended by 13/2005 s 12(1), (2) 3.10.2005 s 26 amended by 13/1986 s 5 20.3.1986 s 27 s 27(1) amended by 13/1986 (Sch) 20.3.1986 s 27A inserted by 13/2005 s 13 3.10.2005 s 28 substituted by 13/1986 (Sch) 20.3.1986 s 28A inserted by 51/1988 s 4 8.9.1988 amended by 72/1992 s 10 (Sch) 1.3.1993 amended by 34/1996 s 4 (Sch cl 1) 3.2.1997 s 30 substituted by 13/1986 (Sch) 20.3.1986 s 31 deleted by 51/1988 s 5 1.1.1989 s 32 deleted by 107/1981 s 27(c) 11.2.1982 s 33 s 33(2) amended by 13/2005 s 14(1), (2) 3.10.2005 s 33A deleted by 13/1986 (Sch) 20.3.1986 s 33B deleted by 8/1988 s 3 5.5.1988 s 33C amended by 41/1983 s 20 1.7.1983 amended by 13/1986 (Sch) 20.3.1986 deleted by 8/1988 s 3 5.5.1988 heading preceding s 34 deleted by 41/1983 s 21 1.7.1983 s 36 substituted by 13/1986 (Sch) 20.3.1986 s 36A inserted by 7/2005 s 4 21.7.2005 s 37 amended by 13/1986 (Sch) 20.3.1986 s 37A inserted by 41/1983 s 22 1.7.1983 s 38 deleted by 3/1978 s 7(1) 1.6.1978 heading preceding s 39 deleted by 41/1983 s 23 1.7.1983 s 39 amended by 13/1986 (Sch) 20.3.1986 substituted by 13/2005 s 15 3.10.2005 s 40 deleted by 41/1983 s 24 1.7.1983 inserted by 56/1990 s 5 22.11.1990 heading preceding s 41 deleted by 41/1983 s 25 1.7.1983 s 41 deleted by 56/1984 s 5 1.7.1984 s 43 substituted by 13/1986 (Sch) 20.3.1986 deleted by 69/1991 s 17 6.7.1992 s 44 substituted by 13/1986 (Sch) 20.3.1986 s 44(1) amended by 13/2005 s 16(1) 3.10.2005 amended by 56/2005 Sch 2 cl 3(1) 1.7.2006 s 44(2) amended by 51/1988 s 6 1.1.1989 amended by 13/2005 s 16(2) 3.10.2005 amended by 56/2005 Sch 2 cl 3(2) 1.7.2006 s 45 deleted by 13/1986 (Sch) 20.3.1986 inserted by 15/1994 s 2 12.5.1994 ss 46 and 47 deleted by 13/1986 (Sch) 20.3.1986 heading preceding s 48 deleted by 41/1983 s 26 1.7.1983 ss 48 and 49 deleted by 41/1983 s 26 1.7.1983 s 51 deleted by 56/1984 s 5 1.7.1984 inserted by 13/2005 s 17 21.4.2007 s 52 deleted by 41/1983 s 27 1.7.1983 inserted by 13/2005 s 17 3.10.2005 Transitional etc provisions associated with Act or amendments Acts Interpretation Act Amendment Act 1988 5--Operation of amendments The amendments made by this Act operate retrospectively and prospectively. Statutes Amendment and Repeal (Common Expiation Scheme) Act 1996 5--Transitional provision An Act repealed or amended by this Act will continue to apply (as in force immediately prior to the repeal or amendment coming into operation) to an expiation notice issued under the repealed or amended Act. Historical versions Reprint No 1--1.7.1991 Reprint No 2--16.4.1992 Reprint No 3--6.7.1992 Reprint No 4--19.11.1992 Reprint No 5--1.3.1993 Reprint No 6--28.2.1994 Reprint No 7--12.5.1994 Reprint No 8--31.12.1994 Reprint No 9--3.2.1997 Reprint No 10--3.7.1997 Reprint No 11--3.9.1998 Reprint No 12--1.7.1999 Reprint No 13--3.3.2003 21.7.2005 3.10.2005 1.7.2006 18.1.2007