INTERPRETATION OF LEGISLATION ACT 1984 - SECT 31 Construction of references in subordinate instruments to other enactments

INTERPRETATION OF LEGISLATION ACT 1984 - SECT 31

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

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

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

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

        (d)     if the subordinate instrument, Act or provision in question has been repealed and not re-enacted or re-made, as a reference to the Act, subordinate instrument or provision as in force immediately before its repeal.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. 31(1A) inserted by No. 13/2006 s. 7(2).

    (1A)     A reference in a subordinate instrument to any provision of that or any other subordinate instrument or to any provision of an Act 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. 31(2) inserted by No. 95/1993 s. 5(4).

    (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; or

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

S. 32

amended by No. 4/1986 s. 4, substituted by No. 6/1991 s. 3.