PROPERTY LAW ACT 1969 - SECT 8

PROPERTY LAW ACT 1969 - SECT 8

8 .         Construction of expressions used in deeds and other instruments

                In every deed, contract, will, order and other instrument that is executed, made or comes into operation after the coming into operation of this Act, unless the context otherwise requires —

            (a)         month means a calendar month;

            (b)         person includes a body corporate;

            (c)         every word in the singular number shall be construed as including the plural number;

            (d)         every word in the plural number shall be construed as including the singular number;

            (e)         every word of the masculine gender shall be construed as including the feminine gender;

            (f)         every word of the feminine gender shall be construed as including the masculine gender;

            (g)         every word in either of the said genders or numbers shall be construed as including a body corporate as well as an individual;

            (h)         where the effect of a provision, however expressed, is by the terms of that instrument made to depend upon the value placed or to be placed upon property —

                  (i)         in the assessment of death duty or any other duty or tax which by the law of any place is or may be payable consequent upon the death of a person in respect of any property, or which would or might have been payable had the duty or tax to which reference is made in the instrument not ceased to be payable at the time the valuation is required; or

                  (ii)         in any valuation obtained or to be obtained for the purposes of any such duty or tax,

                and by reason of any change in the relevant legislation since that instrument was executed, made, or came into operation a value is not placed thereon for that purpose, the instrument shall take effect as if it directed that a valuation of the property be made by a duly qualified person and the valuation so made shall, subject to the provisions of section 8A, be adopted for the purposes of that provision.

        [Section 8 amended: No. 102 of 1979 s. 3.]