INTERPRETATION OF LEGISLATION ACT 1984 - SECT 17 Construction of references in Acts to other enactments

INTERPRETATION OF LEGISLATION ACT 1984 - SECT 17

    (1)     A reference in an Act to that Act or to any provision of that Act or to any other Act or to any provision of any other Act or to any subordinate instrument or provision of a subordinate instrument shall, unless the contrary intention appears, be construed—

        (a)     if the Act, subordinate instrument or provision in question has been amended, as a reference to the Act, subordinate instrument or provision as amended and in force for the time being;

        (b)     if the Act, subordinate instrument or provision in question has been re-enacted or re-made (with or without modification), as a reference to the Act, subordinate instrument or provision as re-enacted or re-made and in force for the time being;

        (c)     if the Act, subordinate instrument or provision in question has been re-enacted or re-made (with or without modification) and subsequently amended, as a reference to the Act, subordinate instrument or provision as re-enacted or re-made and as subsequently amended and in force for the time being; and

        (d)     if the Act, subordinate instrument or provision in question has been repealed and not re-enacted or re-made, as a reference to the Act, subordinate instrument or provision as in force immediately before its repeal.

S. 17(1A) inserted by No. 13/2006 s. 7(1).

    (1A)     A reference in an Act to any provision of that or any other Act or to any provision of a subordinate instrument must, if the provision in question has been renumbered or relocated, be construed as a reference to the provision as renumbered or relocated and in force for the time being, unless the contrary intention appears.

S. 17(2) inserted by No. 95/1993 s. 5(2).

    (2)     In this section—

        (a)     a reference to an Act includes a reference to—

              (i)     a Commonwealth Act; and

              (ii)     an Act or Ordinance of another State or of a Territory;

        (b)     a reference to a subordinate instrument includes a reference to an instrument of a legislative character made or to be made under or pursuant to the provisions of—

              (i)     a Commonwealth Act; and

              (ii)     an Act or Ordinance of another State or of a Territory.

S. 18

amended by No. 12/1989 s. 4(1)(Sch. 2 item 63.1).