Victorian Consolidated Legislation

Interpretation of Legislation Act 1984 - SECT 45

Construction of "may" and "shall"

45. Construction of "may" and "shall"



(1) Where in this Act or any Act passed or subordinate instrument made on or
after the commencement of this Act the word "may" is used in conferring a
power, that word shall be construed as meaning that the power so conferred may
be exercised, or not, at discretion.

(2) Where in this Act or any Act passed or subordinate instrument made on or
after the commencement of this Act the word "shall" is used in conferring a
power, that word shall be construed as meaning that the power so conferred
must be exercised.

(3) The provisions of this section shall have effect notwithstanding any rule
of construction to the contrary and any such rule is hereby abrogated with
respect to this Act and any Act passed or subordinate instrument made on or
after the commencement of this Act.