In every Act, commencement, in relation to an Act or a provision of an Act, means the time at which the Act or provision comes into operation.
(2)
Where an Act, or any instrument (including any rules regulations or by‑laws) made granted or issued under a power conferred by an Act, is expressed to come into operation on a particular day (whether the expression “come into operation” or “commence” is used), it shall come into operation immediately on the expiration of the last preceding day.
4-
Exercise of certain powers between passing and commencing of Act
(1)
Where an Act (in this section referred to as the Act concerned), being:
(a)
an Act enacted on or after the date of commencement of this section that is not to come into operation immediately upon its enactment; or
(b)
an Act enacted before the date of commencement of this section that did not come into operation on or before that date;
is expressed to confer power, or to amend another Act in such a manner that the other Act, as amended, will confer power, to make an appointment or to make an instrument of a legislative or administrative character (including rules, regulations or by‑laws), then, unless the contrary intention appears, the power may be exercised, and anything may be done for the purpose of enabling the exercise of the power or of bringing the appointment or instrument into effect, before the Act concerned comes into operation as if it had come into operation.
(1A)
Where:
(a)
an Act that is in operation (in this subsection called the parent Act) is expressed to confer power to make an instrument of a legislative or administrative character (including rules, regulations or by‑laws); and
(b)
the Act concerned is expressed to amend the parent Act in such a manner that the parent Act, as amended, will confer additional power to make such an instrument;
then, unless the contrary intention appears:
(c)
the powers mentioned in paragraphs (a) and (b) may be exercised by making a single instrument; and
(d)
such an instrument is to be treated as made under subsection (1) so far as any provisions contained in it required an exercise of the additional power mentioned in paragraph (b).
(2)
An appointment made under subsection (1) takes effect:
(a)
on the day specified in the appointment, being a day that is not earlier than the day on which the Act concerned comes into operation; or
(b)
if a day is not specified in the appointment—on the day on which the Act concerned comes into operation.
(2A)
Where, because of some or all of its provisions (in this subsection called the relevant provisions), an instrument is made under subsection (1), each relevant provision takes effect, as declared in the instrument:
(a)
on a specified date that is not earlier than the date when the Act concerned comes into operation; or
(b)
from a specified time on a specified date that is not earlier than the date and time when the Act concerned comes into operation; or
(c)
on the date, or from the date and time, when the Act concerned comes into operation.
(3)
Where an Act is to come into operation on a date to be fixed by a Proclamation or other instrument, the Proclamation or other instrument may be made and published at any time after the enactment of the Act.
(4)
Where this section applies to an Act by reason of the fact that that Act is expressed to amend another Act in the manner referred to in subsection (1) and that other Act has not come into operation, this section has effect as if the references in subsections (1), (2) and (2A) to the coming into operation of the Act concerned were references to the coming into operation of the other Act as amended by the Act concerned.
(5)
In subsections (1), (1A), (2), (2A), (3) and (4) a reference to an Act shall be read as including a reference to any provision or provisions of an Act.
(6)
In the application of this section to an instrument of a legislative character (including such an instrument made by virtue of this section):
(a)
references in this section to the enactment of an Act are to be read as references to the making of such an instrument; and
(b)
references in this section to an Act other than the Act concerned are to be read as references to instruments of a legislative character.
5-
Commencement of Acts
(1)
Every Act to which the Royal Assent has been given by the Governor‑General for and on behalf of the King on or before 31 December 1937, shall be deemed to have come into operation on the day on which that Act received the Royal Assent, unless the contrary intention appears in the Act.
(1A)
Every Act (other than an Act to alter the Constitution) to which the Royal Assent is given by the Governor‑General for and on behalf of the King on or after 1 January 1938, shall come into operation on the twenty‑eighth day after the day on which that Act receives the Royal Assent, unless the contrary intention appears in the Act.
(1B)
Every Act to alter the Constitution to which the Royal Assent is given by the Governor‑General for and on behalf of the King on or after 1 January 1938, shall come into operation on the day on which that Act receives the Royal Assent, unless the contrary intention appears in that Act.
(2)
Every Act reserved for the signification of the King’s pleasure thereon shall come into operation on the day on which His Majesty’s assent is proclaimed in the Gazette by the Governor‑General, unless the contrary intention appears in such Act.
6-
Evidence of date of assent or proclamation
The date appearing on the copy of an Act printed by the Government Printer, and purporting to be the date on which the Governor‑General assented thereto, or made known the King’s assent, shall be evidence that such date was the date on which the Governor‑General so assented or made known the King’s assent, and shall be judicially noticed.
The repeal of an Act or part thereof by which a previous Act or part thereof was repealed shall not have the effect of reviving such last‑mentioned Act or part thereof without express words.
8-
Effect of repeal
Where an Act repeals in the whole or in part a former Act, then unless the contrary intention appears the repeal shall not:
(a)
revive anything not in force or existing at the time at which the repeal takes effect; or
(b)
affect the previous operation of any Act so repealed, or anything duly done or suffered under any Act so repealed; or
(c)
affect any right privilege obligation or liability acquired accrued or incurred under any Act so repealed; or
(d)
affect any penalty forfeiture or punishment incurred in respect of any offence committed against any Act so repealed; or
(e)
affect any investigation legal proceeding or remedy in respect of any such right privilege obligation liability penalty forfeiture or punishment as aforesaid;
and any such investigation legal proceeding or remedy may be instituted continued or enforced, and any such penalty forfeiture or punishment may be imposed, as if the repealing Act had not been passed.
8A
Implied repeals etc.
A reference in section 7 or 8 to the repeal of an Act or of a part of an Act includes a reference to:
(a)
a repeal effected by implication;
(b)
the abrogation or limitation of the effect of the Act or part; and
(c)
the exclusion of the application of the Act or part to any person, subject‑matter or circumstance.
8B
Effect of expiration of Act
Where an Act or a part of an Act expires, lapses or otherwise ceases to have effect, sections 7 and 8 apply as if the Act or part had been repealed by another Act.
8C
References to part of an Act
A reference in section 7, 8, 8A or 8B to a part of an Act includes a reference to any provision of, or words, figures, drawings or symbols in, an Act.
9-
Repealed Acts in force until substituted provisions operate
Where an Act repeals in the whole or in part a former Act and substitutes provisions in lieu thereof, the repealed provisions shall remain in force until the substituted provisions come into operation.
10-
References to amended or re‑enacted Acts
Where an Act contains a reference to a short title that is or was provided by law for the citation of another Act as originally enacted, or of another Act as amended, then, except so far as the contrary intention appears:
(a)
the reference shall be construed as a reference to that other Act as originally enacted and as amended from time to time; and
(b)
where that other Act has been repealed and re‑enacted, with or without modifications, the reference shall be construed as including a reference to the re‑enacted Act as originally enacted and as amended from time to time and, where, in connexion with that reference, particular provisions of the repealed Act are referred to, being provisions to which provisions of the re‑enacted Act correspond, the reference to those particular provisions shall be construed as including a reference to those corresponding provisions.
10A
References to amended or re‑enacted laws of States and Territories
Where an Act contains a reference to a short title or other citation that is or was provided by the law of a State or Territory for the citation of a law of that State or Territory as originally enacted or made, or as amended, then, except so far as the contrary intention appears:
(a)
the reference shall be construed as a reference to that law as originally enacted or made and as amended from time to time; and
(b)
where that law has been repealed and re‑enacted or re‑made, with or without modifications, the reference shall be construed as including a reference to the re‑enacted or re‑made law as originally enacted or made and as amended from time to time and, where, in connection with that reference, particular provisions of the repealed law are referred to, being provisions to which provisions of the re‑enacted or re‑made law correspond, the reference to those particular provisions shall be construed as including a reference to those corresponding provisions.
11-
Expiration of Act
The expiration of an Act shall not affect any civil proceeding previously commenced under such Act, but every such proceeding may be continued and everything in relation thereto be done in all respects as if the Act continued in force.
Every section of an Act shall have effect as a substantive enactment without introductory words.
13-
Headings, schedules, marginal notes, footnotes and endnotes
(1)
The headings of the Parts Divisions and Subdivisions into which any Act is divided shall be deemed to be part of the Act.
(2)
Every schedule to an Act shall be deemed to form part thereof.
(3)
No marginal note, footnote or endnote to an Act, and no heading to a section of an Act, shall be taken to be part of the Act.
14-
Acts may be altered etc. in same session
An Act may be altered amended or repealed in the same session of Parliament in which it was passed.
14A
Definitions inserted by amending Act
Where an amending Act inserts a definition in a provision of the Act being amended, but does not specify the position in that provision where it is to be inserted, it shall be deemed to be inserted in the appropriate alphabetical position, determined on a letter‑by‑letter basis.
14B
Commencement of paragraphs etc. in amending Act14B
Where:
(a)
an Act makes an amendment of another Act; and
(b)
the amendment is in the form of:
(i)
a paragraph of a provision of the amending Act;
(ii)
an item (whether or not so described) in a Schedule to the amending Act; or
(iii)
a paragraph of such an item;
a separate commencement date may be given to the amendment, paragraph or item as if the paragraph or item were a self‑contained provision of the amending Act.
15-
Amending Act to be construed with amended Act
Every Act amending another Act shall, unless the contrary intention appears, be construed with such other Act and as part thereof.
15A
Construction of Acts to be subject to Constitution
Every Act shall be read and construed subject to the Constitution, and so as not to exceed the legislative power of the Commonwealth, to the intent that where any enactment thereof would, but for this section, have been construed as being in excess of that power, it shall nevertheless be a valid enactment to the extent to which it is not in excess of that power.
15AA
Regard to be had to purpose or object of Act
(1)
In the interpretation of a provision of an Act, a construction that would promote the purpose or object underlying the Act (whether that purpose or object is expressly stated in the Act or not) shall be preferred to a construction that would not promote that purpose or object.
15AB
Use of extrinsic material in the interpretation of an Act
(1)
Subject to subsection (3), in the interpretation of a provision of an Act, if any material not forming part of the Act is capable of assisting in the ascertainment of the meaning of the provision, consideration may be given to that material:
(a)
to confirm that the meaning of the provision is the ordinary meaning conveyed by the text of the provision taking into account its context in the Act and the purpose or object underlying the Act; or
(b)
to determine the meaning of the provision when:
(i)
the provision is ambiguous or obscure; or
(ii)
the ordinary meaning conveyed by the text of the provision taking into account its context in the Act and the purpose or object underlying the Act leads to a result that is manifestly absurd or is unreasonable.
(2)
Without limiting the generality of subsection (1), the material that may be considered in accordance with that subsection in the interpretation of a provision of an Act includes:
(a)
all matters not forming part of the Act that are set out in the document containing the text of the Act as printed by the Government Printer;
(b)
any relevant report of a Royal Commission, Law Reform Commission, committee of inquiry or other similar body that was laid before either House of the Parliament before the time when the provision was enacted;
(c)
any relevant report of a committee of the Parliament or of either House of the Parliament that was made to the Parliament or that House of the Parliament before the time when the provision was enacted;
(d)
any treaty or other international agreement that is referred to in the Act;
(e)
any explanatory memorandum relating to the Bill containing the provision, or any other relevant document, that was laid before, or furnished to the members of, either House of the Parliament by a Minister before the time when the provision was enacted;
(f)
the speech made to a House of the Parliament by a Minister on the occasion of the moving by that Minister of a motion that the Bill containing the provision be read a second time in that House;
(g)
any document (whether or not a document to which a preceding paragraph applies) that is declared by the Act to be a relevant document for the purposes of this section; and
(h)
any relevant material in the Journals of the Senate, in the Votes and Proceedings of the House of Representatives or in any official record of debates in the Parliament or either House of the Parliament.
(3)
In determining whether consideration should be given to any material in accordance with subsection (1), or in considering the weight to be given to any such material, regard shall be had, in addition to any other relevant matters, to:
(a)
the desirability of persons being able to rely on the ordinary meaning conveyed by the text of the provision taking into account its context in the Act and the purpose or object underlying the Act; and
(b)
the need to avoid prolonging legal or other proceedings without compensating advantage.
15AC
Changes to style not to affect meaning
Where:
(a)
an Act has expressed an idea in a particular form of words; and
(b)
a later Act appears to have expressed the same idea in a different form of words for the purpose of using a clearer style;
the ideas shall not be taken to be different merely because different forms of words were used.
15AD
Examples
Where an Act includes an example of the operation of a provision:
(a)
the example shall not be taken to be exhaustive; and
(b)
if the example is inconsistent with the provision, the provision prevails.
15AE
Legislative instruments etc.
Instruments that are described as legislative instruments
(1)
If a provision of a law requires or permits an instrument that is described as a legislative instrument to be made, then an instrument made under that provision:
(a)
must be in writing; and
(b)
is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
(2)
However, the fact that a provision of a law requires or permits an instrument that is described as a legislative instrument to be made does not imply that an instrument made under that provision is or must be of legislative character (within the ordinary meaning of that term).
Instruments that are described as not being legislative instruments
(3)
If a provision of a law requires or permits an instrument that is described as not being a legislative instrument to be made, then an instrument made under that provision is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.
(4)
However, the fact that a provision of a law requires or permits an instrument that is described as not being a legislative instrument to be made does not imply that an instrument made under that provision is not, or must not be, of legislative character (within the ordinary meaning of that term).
No inference to be drawn from express statements
(5)
In determining whether an instrument made under a provision of a law is a legislative instrument for the purposes of the Legislative Instruments Act 2003, no inference may be drawn from the fact that an instrument made under another provision of that or any other law is described as a legislative instrument, or as not being a legislative instrument.
Example: In determining whether a Ministerial direction under a provision is a legislative instrument, no inference may be drawn from the fact that a Ministerial direction under another provision is described as being a legislative instrument.
Definition
(6)
In this section:
law means an Act or regulations or any other instrument made under an Act.
