ACTS INTERPRETATION ACT 1954 - As at 1 February 2024 - Act 3 of 1954

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Short title
• 2 Act applies to all Acts
3. (Repealed)
• 4 Displacement of Act by contrary intention
• 5 Act binds Crown

PART 2 - MEANING OF ACT

• 6 References to Act
• 7 Act includes statutory instruments under Act etc.
8. (Repealed)

PART 3 - GENERAL PROVISIONS APPLYING TO ACTS

• 9 Interpretation of Act in relation to Parliament’s legislative power
• 9A Declaration of validity of certain laws
• 10 Section has effect as substantive enactment
• 11 Acts to be public Acts
• 12 Private Acts not to affect rights of others
• 12A Private Acts amended by public Acts do not become public Acts
• 13 Future Acts when binding on the Crown
• 13A Acts not to affect native title except by express provision
• 13B Acts not to affect powers, rights or immunities of Legislative Assembly except by express provision
• 14 Material that is, and is not, part of an Act
• 14A Interpretation best achieving Act’s purpose
• 14B Use of extrinsic material in interpretation
• 14C Changes of drafting practice not to affect meaning
• 14CA Other changes that do not affect general law
• 14D Examples

PART 4 - REFERENCE TO AND CITATION OF ACTS

• 14E References to Acts generally
• 14F References to particular Acts
• 14G References to enactments
• 14H References taken to be included in reference to law
• 14I References to changed short titles and citations
• 14J References to repealed or expired laws

PART 5 - COMMENCEMENT OF ACTS

• 15 References to enactment etc. of Acts
• 15A Commencement of Acts on date of assent
• 15B Time of commencement of Acts
• 15C Commencement of citation and commencement provisions on date of assent etc.
• 15D Commencement by proclamation etc.
• 15DA Automatic commencement of postponed law
• 15DB (Expired)
• 15DC (Expired)
• 15E Commencement of paragraphs etc. in amending Act
16. (Repealed)
• 17 Exercise of powers between enactment and commencement

PART 6 - AMENDMENT AND REPEAL OF ACTS

• 17A Act may be amended or repealed in same parliamentary session
• 18 Time of expiry of Act etc.
• 19 Repealed and amended Acts not revived on repeal of repealing and amending Acts
• 19A Commencement not undone if omitted
• 20 Saving of operation of repealed Act etc.
• 20A Repeal does not end saving, transitional or validating effect etc.
• 20B Continuance of appointments etc. made under amended provisions
• 20C Creation of offences and changes in penalties
• 21 Continuance of repealed provisions
• 22 Act and amending Acts to be read as one
• 22A Insertion of provisions by amending Act
• 22B Amendment to be made wherever possible in provision
• 22C Automatic repeal of amending Act

PART 7 - FUNCTIONS AND POWERS CONFERRED BY ACTS

• 23 Performance of statutory functions etc.
• 23A Conferral of statutory power on another entity
24. (Repealed)
• 24AA Power to make instrument or decision includes power to amend or repeal
• 24A Appointments may be made by name or office
• 24B Acting appointments
• 24C Acting person nominated by Act etc.
• 25 Powers of appointment imply certain incidental powers
• 26 Appointment not affected by defect etc.
• 27 Power to hear and determine includes power to administer oath
• 27A Delegation of functions or powers
• 27B Content of statement of reasons for decision
28. (Repealed) 28AA. (Repealed) 28AB. (Repealed) 28AC. (Repealed) 28A. (Repealed)
• 29 Legislative Assembly’s resolutions to be interpreted not to exceed authority
29A. (Repealed)
• 29B Working out number of sitting days
30. (Repealed)

PART 8 - TERMS AND REFERENCES IN ACTS

• 32 Defined terms—other parts of speech and grammatical forms
• 32A Definitions to be read in context
• 32AA Definitions generally apply to entire Act
• 32AB Terms defined both in this Act and another Act
• 32B Gender
• 32C Number
• 32CA Meaning of may and must etc.
• 32CB Words and expressions used in amending Acts
32CC. (Repealed)
• 32D References to persons generally
• 32DA Meaning of de facto partner
• 32E Production of records kept in computers etc.
• 32F References to commencement
• 33 References to Ministers
• 33AA References to departments
• 33AB References to chief executives
• 33AC Provisions administered by 2 or more Ministers
• 33A References to States include Territories
• 34 References to officers and holders of offices
• 34A Chair titles
• 34B Deputy chair titles
• 35 References to Queensland to be implied
• 35A References to person with interest in land includes personal representative etc.
• 35B References to provisions designated by number without mentioning another Act
35BA. (Repealed) 35BB. (Repealed)
• 35C Headings part of provision etc.
• 35CA References to items at the end of a provision
• 35D Reference to provisions of a law is inclusive
• 35E Instrument made under the Act
• 36 Meaning of commonly used words and expressions

PART 9 - DISTANCE, TIME AND AGE

• 37 Measurement of distance
• 38 Reckoning of time
• 38A Age

PART 10 - SERVICE OF DOCUMENTS

• 39 Service of documents
• 39A Meaning of service by post etc.
40. (Repealed)

PART 11 - OFFENCES AND CRIMINAL PROCEEDINGS

• 41 Penalty at end of provision
• 41A Penalty other than at end of provision
• 42 Any person may prosecute etc.
• 43 Appropriation of penalties
• 44 Summary proceedings
• 45 Offence punishable only once
• 46 Bodies corporate

PART 12 - APPLICATION OF PARTICULAR STATE LAWS TO COASTAL WATERS

• 47 Definitions for pt 12
• 47A Application of laws of the State to coastal waters
• 47B Laws with specific application not to apply
• 47C Extent of jurisdiction in relation to coastal waters
• 47D Constitutional basis
• 47E Saving
47F. (Repealed) 47G. (Repealed)

PART 12A - FORMS

• 48 Forms—notification and availability
• 48A Compliance with forms

PART 12B - FEE UNITS

• 48B Value of fee unit
• 48C Working out amounts

PART 13 - MISCELLANEOUS

• 49 Verification of documents
• 49A Jurisdiction of courts and tribunals
• 50 Making or amendment of subordinate legislation by an Act
51. (Repealed)
• 51A References to Acts Shortening Act 1867
• 52 References to the Crown etc.
• 52A Evidentiary provision
• 52B Regulation-making power

PART 14 - TRANSITIONAL PROVISIONS

Division 1 - Transitional provision for Parliamentary Service and Other Acts Amendment Act 2011

• 53 Transitional—extrinsic material—speech in Legislative Assembly

Division 2 - Transitional provisions for Treasury and Trade and Other Legislation Amendment Act 2013

• 54 Definitions for div 2
• 55 References to s 36, 48A or 49
• 56 References to gazetted
• 57 References to notified in the gazette

Division 3 - Transitional provision for Court and Civil Legislation Amendment Act 2017

• 58 Form approved or made available, but not notified in gazette, before commencement
• SCHEDULE 1