INTERPRETATION ACT 1984 - SECT 77
INTERPRETATION ACT 1984 - SECT 77
77 . Repeal and saving
(1) The Interpretation
Act 1918 is repealed.
(2) Notwithstanding
subsection (1), section 11 of the Interpretation Act 1918 shall continue to
apply to Acts passed before the commencement of this Act 1 .
(3) The enactment of a
provision of this Act that is expressed to apply to Acts or subsidiary
legislation passed or made after the commencement of this Act shall not be
presumed to have amended the law so as to affect the construction of any Act
or subsidiary legislation passed or made before such enactment.
(4) Notwithstanding
subsection (1), section 47(2) of the Interpretation Act 1918 and the Second
Schedule to that Act shall continue to apply to any Act to which that section
applied immediately before the commencement of this Act 4 .
This is a compilation of the Interpretation Act 1984 and includes amendments
made by other written laws. For provisions that have come into operation, and
for information about any reprints, see the compilation table.
Compilation table
Short title |
Number and year |
Assent |
Commencement |
---|---|---|---|
12 of 1984 |
31 May 1984 |
1 Jul 1984 (see s. 2) | |
Acts Amendment (Financial Administration and Audit) Act 1985 s. 3 |
98 of 1985 |
4 Dec 1985 |
1 Jul 1986 (see s. 2 and Gazette 30 Jun 1986 p. 2255) |
Acts Amendment (Public Service) Act 1987 s. 32 |
113 of 1987 |
31 Dec 1987 |
16 Mar 1988 (see s. 2 and Gazette 16 Mar 1988 p. 813) |
Acts Amendment (Children’s Court) Act 1988 Pt. 3 |
49 of 1988 |
22 Dec 1988 |
1 Dec 1989 (see s. 2 and Gazette 24 Nov 1989 p. 4327) |
105 of 1990 |
2 Jan 1991 |
1 Jan 1991 (see s. 2) | |
Children’s Court of Western Australia Amendment Act (No. 2) 1991 s. 21 |
15 of 1991 |
21 Jun 1991 |
9 Aug 1991 (see s. 2(2) and Gazette 9 Aug 1991 p. 4101) |
30 of 1992 |
19 Jun 1992 |
1 Jul 1992 (see s. 2 and Gazette 26 Jun 1992 p. 2643) | |
Reprint of the Interpretation Act 1984 as at 4 Nov 1992 (includes amendments
listed above) | |||
Financial Administration Legislation Amendment Act 1993 s. 11 |
6 of 1993 |
27 Aug 1993 |
1 Jul 1993 (see s. 2(1)) |
Acts Amendment (Public Sector Management) Act 1994 s. 15 |
32 of 1994 |
29 Jun 1994 |
1 Oct 1994 (see s. 2 and Gazette 30 Sep 1994 p. 4948) |
Statutes (Repeals and Minor Amendments) Act 1994 s. 4 |
73 of 1994 |
9 Dec 1994 |
9 Dec 1994 (see s. 2) |
Interpretation Amendment (Australia Acts) Act 1994 |
85 of 1994 |
20 Dec 1994 |
3 Mar 1986 (see s. 2 and Gazette 28 Feb 1986 p. 683) |
Acts Amendment (Fines, Penalties and Infringement Notices) Act 1994 s. 15 |
92 of 1994 |
23 Dec 1994 |
1 Jan 1995 (see s. 2(1) and Gazette 30 Dec 1994 p. 7211) |
Sentencing (Consequential Provisions) Act 1995 Pt. 41 |
78 of 1995 |
16 Jan 1996 |
4 Nov 1996 (see s. 2 and Gazette 25 Oct 1996 p. 5632) |
Reprint of the Interpretation Act 1984 as at 15 Mar 1996 (includes amendments
listed above except those in the Sentencing (Consequential Provisions) Act
1995 ) | |||
Local Government (Consequential Amendments) Act 1996 s. 4 |
14 of 1996 |
28 Jun 1996 |
1 Jul 1996 (see s. 2) |
Acts Amendment (Auxiliary Judges) Act 1997 Pt. 3 |
23 of 1997 |
18 Sep 1997 |
18 Sep 1997 (see s. 2) |
Acts Amendment and Repeal (Family Court) Act 1997 s. 33 |
41 of 1997 |
9 Dec 1997 |
26 Sep 1998 (see s. 2 and Gazette 25 Sep 1998 p. 5295) |
Sunday Observance Laws Amendment and Repeal Act 1997 s. 4 5 |
49 of 1997 |
10 Dec 1997 |
10 Dec 1997 (see s. 2) |
Interpretation Amendment Act 1997 |
54 of 1997 |
12 Dec 1997 |
12 Dec 1997 (see s. 2) |
Statutes (Repeals and Minor Amendments) Act (No. 2) 1998 s. 40 |
10 of 1998 |
30 Apr 1998 |
30 Apr 1998 (see s. 2(1)) |
Reprint of the Interpretation Act 1984 as at 1 Jan 1999 (includes amendments
listed above) | |||
Acts Amendment and Repeal (Financial Sector Reform) Act 1999 s. 89 |
26 of 1999 |
29 Jun 1999 |
1 Jul 1999 (see s. 2(1) and Gazette 30 Jun 1999 p. 2905) |
Statutes (Repeals and Minor Amendments) Act 2000 s. 19 |
24 of 2000 |
4 Jul 2000 |
4 Jul 2000 (see s. 2) |
Acts Amendment (Lesbian and Gay Law Reform) Act 2002 Pt. 14 |
3 of 2002 |
17 Apr 2002 |
21 Sep 2002 (see s. 2 and Gazette 20 Sep 2002 p. 4693) |
Taxation Administration (Consequential Provisions) Act 2002 s. 16 |
45 of 2002 |
20 Mar 2003 |
1 Jul 2003 (see s. 2(1) and Gazette 27 Jun 2003 p. 2383) |
Statutes (Repeals and Minor Amendments) Act 2003 s. 69 |
74 of 2003 |
15 Dec 2003 |
15 Dec 2003 (see s. 2) |
Reprint 4: The Interpretation Act 1984 as at 6 Feb 2004 (includes amendments
listed above) | |||
Criminal Code Amendment Act 2004 s. 58 |
4 of 2004 |
23 Apr 2004 |
21 May 2004 (see s. 2) |
Acts Amendment (Court of Appeal) Act 2004 s. 33 |
45 of 2004 |
9 Nov 2004 |
1 Feb 2005 (see s. 2 and Gazette 14 Jan 2005 p. 163) |
54 of 2004 |
23 Nov 2004 |
1 Jan 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129) | |
Courts Legislation Amendment and Repeal Act 2004 s. 141 |
59 of 2004 |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128) |
Criminal Law Amendment (Simple Offences) Act 2004 s. 36(12) |
70 of 2004 |
8 Dec 2004 |
31 May 2005 (see s. 2 and Gazette 14 Jan 2005 p. 163) |
Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004
s. 78 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 (correction in Gazette
7 Jan 2005 p. 53)) |
Reprint 5: The Interpretation Act 1984 as at 12 Aug 2005 (includes amendments
listed above) | |||
Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Act
2005 Pt. 13 |
24 of 2005 |
2 Dec 2005 |
1 Jan 2006 (see s. 2(1) and Gazette 23 Dec 2005 p. 6244) |
Planning and Development (Consequential and Transitional Provisions) Act 2005
s. 15 |
38 of 2005 |
12 Dec 2005 |
9 Apr 2006 (see s. 2 and Gazette 21 Mar 2006 p. 1078) |
Criminal Investigation (Consequential Provisions) Act 2006 s. 73 |
59 of 2006 |
16 Nov 2006 |
1 Jul 2007 (see s. 2 and Gazette 22 Jun 2007 p. 2838) |
60 of 2006 |
16 Nov 2006 |
1 Jan 2007 (see s. 2(1) and Gazette 8 Dec 2006 p. 5369) | |
Financial Legislation Amendment and Repeal Act 2006 Sch. 1 cl. 92 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137) |
Reprint 6: The Interpretation Act 1984 as at 25 May 2007 (includes amendments
listed above except the amendments in the Criminal Investigation
(Consequential Provisions) Act 2006 ) | |||
Criminal Law Amendment (Homicide) Act 2008 s. 35 |
29 of 2008 |
27 Jun 2008 |
1 Aug 2008 (see s. 2(d) and Gazette 22 Jul 2008 p. 3353) |
Surrogacy Act 2008 Pt. 4 Div. 6 |
47 of 2008 |
10 Dec 2008 |
1 Mar 2009 (see s. 2(b) and Gazette 27 Feb 2009 p. 512) |
Acts Amendment (Bankruptcy) Act 2009 Pt. 2 |
18 of 2009 |
16 Sep 2009 |
17 Sep 2009 (see s. 2(b)) |
Interpretation and Reprints Amendment Act 2010 Pt. 2 |
31 of 2010 |
25 Aug 2010 |
26 Aug 2010 (see s. 2(b)) |
Public Sector Reform Act 2010 s. 78 |
39 of 2010 |
1 Oct 2010 |
1 Dec 2010 (see s. 2(b) and Gazette 5 Nov 2010 p. 5563) |
Reprint 7: The Interpretation Act 1984 as at 21 Jan 2011 (includes amendments
listed above) | |||
Statutes (Repeals and Minor Amendments) Act 2014 s. 27 |
17 of 2014 |
2 Jul 2014 |
6 Sep 2014 (see s. 2(b) and Gazette 5 Sep 2014 p. 3213) |
Local Government Legislation Amendment Act 2016 Pt. 3 Div. 19 |
26 of 2016 |
21 Sep 2016 |
21 Jan 2017 (see s. 2(b) and Gazette 20 Jan 2017 p. 648) |
COVID-19 Response and Economic Recovery Omnibus Act 2020 Pt. 6 Div. 5 Subdiv.
1 |
34 of 2020 |
11 Sep 2020 |
12 Sep 2020 (see s. 2(b)) |
Legislation Act 2021 Pt. 6 Div. 1 |
13 of 2021 |
24 Aug 2021 |
1 Jul 2023 (see s. 2(b) and SL 2023/58 cl. 2) |
Legal Profession Uniform Law Application Act 2022 Pt. 17 Div. 10 |
9 of 2022 |
14 Apr 2022 |
1 Jul 2022 (see s. 2(c) and SL 2022/113 cl. 2) |
1 Under s. 77(2), the Interpretation Act 1918 s.
11 continues to apply to Acts passed before 1 July 1984. Section 11 reads as
follows:
11. Exercise of statutory power between passing
and coming into operation of an Act or any provision thereof.
(1) Where an Act is
not to come into operation immediately on the passing thereof, and confers
power or will, upon its coming into operation, amend another Act so as to
confer power under the other Act as so amended, to make any appointment, to
hold any election, to make, grant or issue any instrument that is to say any
proclamation, Order in Council, order, warrant, scheme, letters patent, rules,
regulations, or by-laws, to give notices, to prescribe forms, or to do any
other thing for the purposes of the Act, the power that is or will be
conferred may, unless the Act otherwise provides, be exercised at any time
after the passing of the first-mentioned Act but the exercise of the power
does not confer a right or impose an obligation upon a person before the
coming into operation of the first-mentioned Act except in so far as is
necessary or expedient for the purpose of making the first-mentioned Act fully
effective upon its coming into operation or the other Act fully effective when
so amended.
(2) A power purporting
to have been exercised at a time before the date of the coming into operation
of the Interpretation Act Amendment Act 1975 for the purposes of an Act that
came into operation before that date, shall be deemed to have been exercised
as validly and effectually as it would have been if this section as re-enacted
by the Interpretation Act Amendment Act 1975 had been in operation at that
time.
(3) In this section a
reference to an Act includes a reference to a provision or provisions of an
Act.
2 Now see the Public Sector Management Act 1994 .
3 Repealed by the
Australian Citizenship (Transitionals and Consequentials) Act 2007 s. 42. Now
see the Australian Citizenship Act 2007 .
4 Under s. 77(4), the Interpretation Act 1918 s.
47(2) and the Second Schedule continue to apply to Acts passed before 1 July
1984. Section 47 and the Second Schedule read as follows:
47. Sections in Second Schedule may be
incorporated in Act by reference.
(1) Any of the
provisions contained in the sections of the Second Schedule hereto, and
distinguished respectively by the letters A, B, C, D, E, F, G, and H, may be
incorporated as enactments in any Act by reference to the said Schedule and to
the letters distinguishing the said sections respectively.
(2) Where in any Act
passed before the commencement of this Act reference is made to the sections
(distinguished by letters as aforesaid) of the Second Schedule to the
Interpretation Act 1898 or of the Schedule to the Shortening Ordinance 1853 ,
such reference shall be deemed to be made to the corresponding sections of the
Second Schedule to this Act.
The Second Schedule.
A.
All informations, complaints, and proceedings in
respect of offences against this Act hereby made summarily punishable upon
conviction before a Justice or Justices of the Peace in Petty Sessions shall
be heard and determined, and the penalties and forfeitures in respect of the
same be enforced and appropriated (if not hereinbefore otherwise appropriated)
according to the provisions of the Justices Act 1902 .
B.
The complaint in respect of an offence against
this Act shall be made and the proceedings commenced within one month after
the offence thereby charged shall have been committed.
C.
The complaint in respect of an offence against
this Act shall be made and the proceedings commenced within three months after
the offence thereby charged shall have been committed.
D.
The complaint in respect of an offence against
this Act shall be made and the proceedings commenced within six months after
the offence thereby charged shall have been committed.
E.
The complaint in respect of an offence against
this Act shall be made and the proceedings commenced within twelve months
after the offence thereby charged shall have been committed.
F.
No order, judgment, warrant, or other proceeding
made, or purporting to be made under or concerning the conviction of any
offender against this Act shall be quashed or vacated for want of form only,
or be removed or removable by certiorari , or by any writ or process
whatsoever into any superior Court of the State.
G.
And, for the protection of persons acting in
execution of this Act, where an action is commenced against any one of such
persons for anything done under this Act, in every such action the defendant
may plead the general issue and give this Act and the special matter in
evidence at any trial to be had hereupon, and no plaintiff shall recover in
any such action if tender of sufficient amends shall have been made before
such action brought, or if a sufficient sum of money shall have been paid into
Court, after such action brought, by, or on behalf of the defendant, together
with costs incurred up to that time; and if a verdict shall pass for the
defendant or the plaintiff become non-suited or discontinue such action after
issue joined, or if, upon demurrer or otherwise, judgment shall be given
against the plaintiff, the defendant shall recover his full costs as between
solicitor and client, and have the like remedy for the same as any defendant
hath by law in other cases; and, though a verdict shall be given for the
plaintiff in any such action, such plaintiff shall not have costs against the
defendant unless the Judge before whom the trial is held shall certify his
approbation of the action and of the verdict obtained thereon.
H.
No action shall lie against any Justice of the
Peace, Officer of Police, Policeman, Constable, Peace Officer, or any other
person in the employ of the Government authorised to carry the provisions of
this Act, or any of them, into effect, or any person acting for, or under such
persons, or any of them, on account of any act, matter, or thing done, or to
be done, or commanded by them, or any of them, in carrying the provisions of
this Act into effect again any parties offending or suspected of offending
against the same, unless there is direct proof of corruption or malice; and if
any such person shall be sued for any act, matter, or thing which he shall
have so done, or shall so do, in carrying the provisions of this Act into
effect, he may plead the general issue and give the special matter in
evidence; and in case of judgment after verdict, or by a Judge sitting as a
jury, or on demurrer being given for the defendant, or of the plaintiff
discontinuing, or becoming non-suit in any such action, the Court before which
the action was brought may award treble costs to the defendant or such portion
of those costs as the Court thinks fit.
5 The Sunday Observance Laws Amendment and Repeal
Act 1997 s. 4(2) is a transitional provision that is of no further effect.
Defined terms
[This is a list of terms defined and the provisions where they
are defined. The list is not part of the law.]
Defined term Provision(s)
act
5
Act 5
Act of the Commonwealth
5
affidavit 5
alternative
offence 5
amend 5
ASIC
Law 5
ASIC Regulations
5
association 54(2)
Auditor General
5
Australia 5
Australia Acts
5
bank holiday 5
bankrupt and
bankrupt or a person whose affairs are under insolvency laws
5
book 5
British possession
5
by-law 5
cause
52(2)
chief executive officer
5
Children’s Court 5
commencement
5
Commissioner of State Revenue
5
Commonwealth 5
Commonwealth Act
5, 13(1)
Consolidated Account
5
contravene 5
Corporations Law
5
Corporations Regulations 5
Court
of Appeal 5
court of summary jurisdiction
5
Crown 5
death
5
de facto partner 5
de facto
relationship 5
definition
5
District Court 5
District Court judge
5
document 5
enactment
5
estate 5
excluded
day 61(2)
Family Court
5
Family Court of Western Australia 5
fee
45A(4)
financial year 5
first
person 13A(5)
function
5
Gazette 5
Government
5
Government Gazette 5
Government Printer
5
Governor 5
Her Majesty
5
His Majesty 5
Imperial Act 5
indictable offence
5
individual 5
issue
45A(4)
JP 5
judge
5
justice 5
justice of the peace
5
King 5
land
5
law of the State 13(1)
lawyer 5
legal practitioner
5
licence 45A(4)
local government
5
local government district
5, 13CA(1)
local law 5
magistrate
5
Magistrates Court 5
may
56(1)
Minister 5
Minister for
Public Sector Management 5
month
5, 62(1)
oath 5
or
17
other 17
otherwise
17
paragraph 15A(1)
parent
5
Parliament 5
penalty
5
perform 5
person
5
police officer 5
power
5
prescribed 5
proclamation 5
publication
5
public half-holiday 5
public holiday
5
Public Sector Commissioner
5
Public Service 5
public service holiday
5
public service officer
5
Queen 5
regional local government
5
regional subsidiary 5
regulation 5
regulations 42(8)
repeal
5
Royal Assent 5
rule 5
rules of court
5, 66(1)
sell 5
shall
56(2)
sign 5
simple offence
5
sitting days 5
specified
43(9)
spouse 5
Standards Australia
5
State 5
State
Administrative Tribunal 5
statutory declaration
5
subsidiary legislation
5
summary conviction 5
summary conviction
penalty 5
Supreme Court
5
swear 5
Territory
5
the Act 44(2)
the State
5
this State 5
under
5
United Kingdom 5
Valuer-General
5
WA legislation website
5
will 5
words
5
writing 5
written law
5
year 5
© State of Western Australia 2023
.
This work is licensed under a Creative Commons Attribution 4.0 International
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the licence, visit www.legislation.wa.gov.au .
Attribute work as: © State
of Western Australia 2023
.
By Authority: GEOFF O. LAWN, Government Printer