Acts Interpretation Act 1915 (SA)

South Australia

Acts Interpretation Act 1915

An Act for consolidating certain Acts relating to the interpretation of Acts of Parliament, and for further shortening and interpreting the language used in Acts of Parliament.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Acts Interpretation Act 1915.

3AApplication of this Act to Acts or statutory instruments whenever passed or made

Subject to this Act, this Act applies to, or in relation to, an Act or statutory instrument whenever passed or made.

4Interpretation

1. (1)

   In this Act and in every other Act or statutory instrument, unless the contrary intention appears—

Act means—

1. (a)

   an Act of the Parliament of South Australia or an Act or ordinance of some earlier legislative authority in South Australia; or

2. (b)

   an Act of the Imperial Parliament that has been received into the law of South Australia or applies to South Australia by paramount force;

ADI means an authorised deposit-taking institution within the meaning of the Banking Act (Cwth);

administrative unit means an administrative unit of the Public Service;

AS or Australian Standard or AS/NZS or Australian/New Zealand Standard means a standard published by or under the authority of Standards Australia (alone or jointly with others);

Australia Acts means—

1. (a)

   the Australia Act 1986 of the Commonwealth; and

2. (b)

   the Australia Act 1986 of the United Kingdom;

Australian citizen means a person who is an Australian citizen under the provisions of the Australian Citizenship Act 1948 of the Commonwealth;

bank means an ADI that is permitted under the Banking Act (Cwth) to assume or use—

1. (a)

   the word "bank", "banker" or "banking"; or

2. (b)

   any other word (whether or not in English) that is of like import to a word referred to in paragraph (a);

bank cheque or banker's cheque means a cheque that an ADI draws on itself;

bank holiday means a day that is, under the Holidays Act 1910, a bank holiday;

Banking Act (Cwth) means the Banking Act 1959 of the Commonwealth, as amended from time to time and includes an Act enacted in substitution for that Act;

building society means an ADI that is permitted under the Banking Act (Cwth) to assume or use—

1. (a)

   the expression "building society"; or

2. (b)

   any other expression (whether or not in English) that is of like import to the expression referred to in paragraph (a);

commencement, in relation to an Act or statutory instrument, means the day or time on which the Act or statutory instrument comes into operation;

the Commonwealth means the Commonwealth of Australia;

Court of Appeal means the Court of Appeal Division of the Supreme Court;

credit union means an ADI that is permitted under the Banking Act (Cwth) to assume or use—

1. (a)

   the expression "credit union"; or

2. (b)

   any expression (whether or not in English) that is of like import to the expression referred to in paragraph (a);

data storage device means any article or material (for example, a disk) from which information is capable of being reproduced, with or without the aid of any other article or device;

Department or department of a Minister or of the Public Service, government department or public department means an administrative unit of the Public Service;

document includes—

1. (a)

   any paper or other material on which there is writing; and

2. (b)

   any map, plan, drawing, graph or photograph; and

3. (c)

   any paper or other material on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; and

4. (d)

   any article or material from which sounds, images or writings are capable of being reproduced with or without the aid of any other article or device;

estate, in relation to land, includes any estate or interest, easement, right, title, claim, demand, charge, lien or encumbrance in, over, to, or in respect of, the land;

financial year means the period of 12 months ending on the expiration of the thirtieth day of June;

friendly society means a body that is a friendly society for the purposes of the Life Insurance Act 1995 of the Commonwealth as amended from time to time;

the Gazette, the Government Gazette or the South Australian Government Gazette means the South Australian Government Gazette (including any supplement to that gazette) printed and published, or purporting to be printed and published, by the Government Printer of the State;

gender identity means the gender‑related identity, appearance or mannerisms or other gender‑related characteristics of a person (whether by way of medical intervention or not), with or without regard to the person's designated sex at birth;

the Governor-in-Chief, the Governor or the Lieutenant-Governor means the Governor of the State or other officer for the time being administering the Government of the State;

Health Practitioner Regulation National Law means—

1. (a)

   the Health Practitioner Regulation National Law—

   1. (i)

      as in force from time to time, set out in the schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland; and

   2. (ii)

      as it applies as a law of South Australia, another State or a Territory (with or without modification); or

2. (b)

   the law that substantially corresponds to the law referred to in paragraph (a);

His Majesty or Her Majesty, the King or the Queen, or the Crown, means His Majesty the King, or Her Majesty the Queen, Sovereign for the time being of Australia, and includes the predecessors and the heirs and successors of the King or Queen;

intersex status means the status of having physical, hormonal or genetic features that are—

1. (a)

   neither wholly female nor wholly male; or

2. (b)

   a combination of female and male; or

3. (c)

   neither female nor male;

judge means a Judge of the Supreme Court or a District Court Judge;

justice means justice of the peace for the State;

land includes—

1. (a)

   a building or structure affixed to land;

2. (b)

   waters and airspace over land;

3. (c)

   the bed of any body of waters;

4. (d)

   subsoil and subterranean waters;

major indictable offence means any indictable offence classified by statute as a major indictable offence1;

the Minister means—

1. (a)

   when used in an Act—the Minister of the Crown to whom the administration of the Act has been committed by the Governor, or in whom the administration of the Act is otherwise vested; and

2. (b)

   when used in a statutory instrument—the Minister of the Crown to whom the administration of the Act under which the statutory instrument was made has been committed by the Governor, or in whom the administration of that Act is otherwise vested,

and includes a Minister of the Crown for the time being discharging the duties of that Minister or acting in the exercise of powers or functions delegated by that Minister;

minor indictable offence means any indictable offence classified by statute as a minor indictable offence1;

month means calendar month;

oath or affidavit, in all cases where persons are allowed by law to affirm or to declare instead of swearing, includes affirmation or declaration;

Parliament means the Parliament of the State;

part‑day public holiday means a part of a day that is, under section 3B of the Holidays Act 1910, a part‑day public holiday;

person or party includes a body corporate;

police force means South Australia Police under the Police Act 1998;

police officer means any member of South Australia Police under the Police Act 1998;

prescribed means—

1. (a)

   when used in an Act—prescribed by the Act or by a statutory instrument made, or to be made, under the Act; and

2. (b)

   when used in a statutory instrument—prescribed by the Act under which the statutory instrument was made, by the statutory instrument itself or by some further statutory instrument made, or to be made, under the Act under which the statutory instrument was made;

proclamation means a proclamation made by the Governor and published in the Gazette;

public holiday—see subsections (3) and (4);

Public Service or public service means the Public Service under the Public Sector Act 2009;

record includes information stored or recorded by computer or other process;

regulation, rule or by-law means—

1. (a)

   when used in an Act—a regulation, rule or by-law made under the Act in which the expression is used; and

2. (b)

   when used in a statutory instrument—a regulation, rule or by-law made under the Act under which the statutory instrument was made;

sitting days, in relation to either House of Parliament, means days on which the House actually sits;

special justice means a justice who has been appointed as a special justice;

Standards Association of Australia includes—

1. (a)

   Standards Australia International Limited; and

2. (b)

   Standards Australia Limited (ACN 087 326 690);

Standards Australia means—

1. (a)

   Standards Association of Australia; or

2. (b)

   Standards Australia International Limited; or

3. (c)

   Standards Australia Limited (ACN 087 326 690);

the State or this State means the State of South Australia;

statutory declaration means—

1. (a)

   a declaration made under the Oaths Act 1936; or

2. (b)

   a declaration made outside the State—

   1. (i)

      in pursuance of a law in force in the place where the declaration is made, being a law that renders the declarant liable to a criminal penalty for a false declaration; and

   2. (ii)

      before a person who has authority under that law to take declarations;

statutory instrument means—

1. (a)

   a regulation, rule, by-law or statute made under an Act; or

2. (ab)

   a proclamation, notice, order or other instrument made by the Governor or a Minister under an Act and published in the Gazette; or

3. (b)

   a code or standard made, approved or adopted under an Act; or

4. (c)

   any other instrument of a legislative character made or in force under an Act;

summary offence means any offence classified by statute as a summary offence1;

Supreme Court means the Supreme Court of the State;

to swear, in all cases where persons are allowed by law to affirm or to declare instead of swearing, includes to affirm or to declare;

this Act, when used in an Act, includes statutory instruments made under the Act in which the expression is used;

United Kingdom means the United Kingdom of Great Britain and Ireland;

writing includes any visible form in which words, figures, drawings or symbols may be reproduced or represented.

1. (2)

   A reference in an Act or statutory instrument to—

   1. (a)

      audiotape, photograph, videotape or other word in the form of a verb describing the capture or recording of images or sounds by an audiorecording, cinematographic, photographic or videorecording device includes, unless the contrary intention appears, a reference to the capture or recording of images or sounds by a digital device;

   2. (b)

      an audiotape, photograph, videotape or other word in the form of a noun describing the item on which images or sounds captured or recorded by an audiorecording, cinematographic, photographic or videorecording device are stored or reproduced includes, unless the contrary intention appears, a reference to a digital data storage device;

   3. (c)

      a book, paper, plan or other word in the form of a noun describing an item on which there is writing includes, unless the contrary intention appears, a reference to a digital data storage device.

2. (3)

   A reference in an Act or statutory instrument to a public holiday is a reference to—

   1. (a)

      a day that is, under the Holidays Act 1910, a public holiday; or

   2. (b)

      subject to subsection (4)—a part‑day public holiday.

3. (4)

   If for the purposes of an Act or statutory instrument a business day, working day or other period is expressed as excluding a public holiday, the exclusion does not extend to a part‑day public holiday (unless the Act expressly provides to the contrary).

Note—

1For the classification of offences, the reader should refer to section 5 of the Summary Procedure Act 1921. However, it should be noted that the principles set out in that section for differentiating major indictable, minor indictable and summary offences may be subject to some special exception made by the Act under which the offence in question is created.

4AAParts of speech and grammatical forms

If an Act defines a word or phrase, other parts of speech and grammatical forms of the word or phrase have, unless the contrary intention appears, corresponding meanings.

4ADate of establishment of the State

For the purposes of the law of the State, the State will be taken to have been established on the twenty-eighth day of December, 1836.

Part 2Provisions of special application to Acts and Bills5Acts to be deemed to be public Acts

Every Act passed after the first day of January, 1873, will be taken to be a public Act.

6No requirement for separate enacting words

There is no requirement for a section or other portion of an Act to have separate enacting words in order to have effect as a substantive enactment.

7Commencement of Acts

1. (1)

   An Act that contains no provision fixing the date of its commencement, or providing for the fixing of that date, comes into operation on the day on which it is assented to by, or on behalf of, the Crown.

2. (2)

   Where a Bill is reserved for the signification of Her Majesty's assent, the Bill will be taken, for the purposes of subsection (1), to have been assented to on the day on which the assent is notified by proclamation in the State.

3. (3)

   Where an Act provides that the Act or provisions of the Act will come into operation on a day to be fixed by proclamation, then, unless the contrary intention appears, the Governor may by proclamation—

   1. (a)

      fix a day or time for the Act or provisions to come into operation;

   2. (b)

      fix different days or times for different provisions of the Act to come into operation;

   3. (c)

      suspend the operation of specified provisions of the Act until a day or time or days or times to be fixed by subsequent proclamation or proclamations.

4. (4)

   For the purposes of subsection (3), a reference to a provision of an Act extends to—

   1. (a)

      a part of a provision;

   2. (b)

      a provision to be inserted into another Act by the Act.

5. (4a)

   The Governor may, by subsequent proclamation made before the date fixed by proclamation under subsection (3) for an Act or provision to come into operation, vary the proclamation so as to delay commencement of the Act or provision.

6. (5)

   An Act or a provision of an Act passed after the commencement of this subsection that is to be brought into operation by proclamation will be taken to come into operation on the second anniversary of the date on which the Act was assented to by, or on behalf of, the Crown unless brought into operation before that second anniversary.

7AAmendment or repeal of Act in session in which it was passed

An Act may be amended or repealed in the session of Parliament in which it was passed.

10Evidence of date of assent to Act

The date appearing on a copy of an Act printed, or purporting to be printed, by the Government Printer, as the date on which the Governor assented to the Act or made known Her Majesty's assent to the Act is evidence that the date is the date on which the Governor so assented, or made known Her Majesty's assent, and will be judicially noticed accordingly.

Part 3Provisions of special application to statutory instruments10ACommencement of certain statutory instruments

1. (1)

   A statutory instrument (other than a regulation, rule or by-law made under an Act)—

   1. (a)

      may come into operation at a date or time specified in the instrument; but

   2. (b)

      may not come into operation earlier than the date on which it is made, approved or adopted unless that earlier operation is authorised by the Act under which the instrument is made, approved or adopted.

2. (2)

   A statutory instrument (other than a regulation, rule or by-law made under an Act) that contains no provision fixing the date or time of its commencement comes into operation on the day on which it is made, approved or adopted.

11Saving of statutory instruments on repeal or amendment of an Act

Where—

1. (a)

   a statutory or other instrument is in force under an Act; and

2. (b)

   the Act, or the provision of the Act under which the instrument was made, is repealed by a subsequent Act which contains or provides the power to make instruments to the same or similar effect,

the instrument will, subject to the provisions of the subsequent Act, remain in force as if the subsequent Act had been in force when the instrument was made and the instrument had then been made in pursuance of that Act.

12Disallowance of repealing statutory instrument revives instrument sought to be repealed

Where a statutory instrument that revokes another statutory instrument, or part of another statutory instrument, is disallowed pursuant to any Act, the statutory instrument or part sought to be revoked revives.

13Construction of statutory instrument so as not to exceed power

A statutory or other instrument made pursuant to a power conferred by or under an Act will be read and construed so as not to exceed that power, so that, where a provision of the instrument, or the application of a provision of the instrument to any person or circumstances, is in excess of that power, the remainder of the instrument, or the application of the provision to other persons and circumstances, is not affected.

14Expressions in statutory and other instruments have same meanings as in the Act under which they are made

An expression used in a statutory instrument or other instrument made under an Act has, unless the contrary intention appears, the same meaning as in the Act under which the instrument was made, and, where that Act is amended after the instrument is made, or is repealed and substituted by a subsequent Act for the purposes of which the statutory or other instrument continues in force, the same meaning as in the amended or substituted Act.

Part 4Provisions generally applicable to Acts and statutory instruments14AApplication and interpretation

1. (1)

   The provisions of this Part apply both to Acts and statutory instruments.

2. (2)

   For the purposes of the application of this Part to statutory instruments—

   1. (a)

      a reference to an Act or an enactment extends to a statutory instrument; and

   2. (b)

      a reference to the passing of an Act extends to the making of a statutory instrument; and

   3. (c)

      a reference to the repeal of an Act extends to the revocation of a statutory instrument; and

   4. (d)

      a reference in section 16 to the repeal of an Act extends to the disallowance of a statutory instrument.

3. (3)

   In this Part, a reference to a section extends to a clause of an Act and a regulation, rule and by-law and a clause of a statutory instrument.

14BCitation

1. (1)

   An Act, whether passed before or after the commencement of this Act, may be cited—

   1. (a)

      by its short title; or

   2. (b)

      by its short title abbreviated by omitting reference to any year except the year in which it was passed.

2. (3)

   A reference in an Act to some other Act, or a Part or provision of some other Act, (whether an Act of this State or of the Commonwealth or a place outside this State) will, unless the contrary intention appears, be construed—

   1. (a)

      as a reference to that other Act, Part or provision as amended from time to time; and

   2. (b)

      where the Act, Part or provision is substituted—

      1. (i)

         by a subsequent Act—as a reference to that subsequent Act; or

      2. (ii)

         by a subsequent Part of an Act—as a reference to that subsequent Part; or

      3. (iii)

         by a subsequent provision of an Act—as a reference to that subsequent provision.

3. (4)

   An Act of the Commonwealth or of a place outside this State, whether passed before or after the commencement of this Act, may, for the purposes of the law of this State, be cited by any method authorised by, or commonly used in, the statutes of the Commonwealth or that place.

4. (5)

   Nothing in this section renders unlawful or ineffective any citation or reference that is not made in a manner authorised by this section.

14BAReferences to other statutory provisions include references to relevant statutory instruments

1. (1)

   A reference in an Act to some other Act (whether an Act of this State or of the Commonwealth or a place outside this State) includes, unless the contrary intention appears, reference to statutory instruments made or in force under that other Act.

2. (2)

   A reference in an Act to a Part or provision of that Act or some other Act (whether an Act of this State or of the Commonwealth or a place outside this State) includes, unless the contrary intention appears—

1. 1. (a)

      reference to statutory instruments made or in force under that Part or provision; and

   2. (b)

      reference to statutory instruments made or in force under some other Part or provision of that Act or other Act insofar as the statutory instruments are connected to that Part or provision.

14CExercise of powers conferred by a provision of an Act or statutory instrument before the provision comes into operation

1. (1)

   Where—

   1. (a)

      a provision of an Act that has passed is not yet in operation; and

   2. (b)

      it is expedient that a power expressed to be conferred by the provision be exercised before it comes into operation,

the power may be so exercised before the provision comes into operation.

1. (2)

   Subject to subsection (3), anything created, granted, issued, done or made under or pursuant to a provision by virtue of subsection (1) will take effect when the provision comes into operation and not before.

2. (3)

   The appointment of a person to a position pursuant to subsection (1) takes effect at the time of appointment but any power exercised by that person pursuant to subsection (1) does not take effect until the relevant provision comes into operation.

14DTime of commencement

Where an Act, or part of an Act, comes into operation on a particular day, it will be taken to have come into operation as from 12 o'clock midnight of the preceding day.

15Saving of administrative acts

Where an Act is repealed and the repealing Act contains provisions substantially corresponding to provisions of the repealed Act, then, unless the contrary intention appears, any administrative act done in pursuance of the repealed provisions (not being an administrative act the effect of which was exhausted at the time of the repeal) will, insofar as is not inconsistent with the repealing Act, be regarded as an administrative act done for the purposes of the corresponding provisions of the repealing Act.

16Saving of operation of repealed, amended or expired Act

1. (1)

   Where an Act is repealed or amended, or where an Act or enactment expires, then, unless the contrary intention appears, the repeal, amendment or expiry does not—

   1. (a)

      revive anything not in force or existing at the time the repeal, amendment or expiry takes effect; or

   2. (b)

      affect the operation of the repealed, amended or expired Act or enactment, or alter the effect of the doing, suffering or omission of anything, prior to the repeal, amendment or expiry; or

   3. (c)

      affect any right, interest, title, power or privilege created, acquired, accrued, established or exercisable, or any status or capacity existing, prior to the repeal, amendment or expiry; or

   4. (d)

      affect any duty, obligation, liability or burden of proof imposed, created or incurred, or any penalty, forfeiture or punishment incurred or imposed or liable to be incurred or imposed, prior to the repeal, amendment or expiry; or

   5. (e)

      affect any investigation, legal proceedings or remedy in respect of any such right, interest, title, power, privilege, status, capacity, duty, obligation, liability, burden of proof, penalty, forfeiture or punishment.

2. (2)

   Any such investigation, legal proceedings or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed and enforced, as if the repeal or amendment had not been effected or as if the expired Act or enactment had not expired (as the case may be).

3. (2a)

   Where any office, court, tribunal or body would, apart from this section, cease to exist by reason of the repeal, amendment or expiry, then, for the purpose of instituting, continuing or enforcing any such investigation, legal proceeding or remedy, the office, court, tribunal, or body continues in existence (and, if necessary, new appointments may be made to it) as if the repeal or amendment had not been effected, or as if the expired Act or enactment had not expired (as the case may be).

4. (3)

   Any Act or enactment will, notwithstanding its repeal, amendment or expiry, continue in force for the purposes of continuing and completing any act, matter or thing commenced or in progress under that Act or enactment, if there is no substituted Act or enactment adapted to its continuance and completion.

5. (4)

   In this section—

legal proceeding includes any proceeding pursuant to an Act, enactment or law whether of a judicial or administrative nature.

17Repeal not to revive previously repealed enactments

Where a repealing enactment is repealed by an Act, there is no revival of any Act or enactment previously repealed unless the contrary intention is expressed.

18Abrogation of presumption that re-enactment etc constitutes Parliamentary approval of prior interpretation

The enactment or re-enactment of a provision that has been construed in a particular manner (judicially or otherwise) in this State or elsewhere creates no presumption that Parliament has sanctioned or approved that construction.

19Material that forms or does not form part of Act

1. (1)

   The following form part of an Act, subject to any express provision to the contrary:

   1. (a)

      preambles, schedules, dictionaries and appendices (including their headings);

   2. (b)

      chapter headings, part headings, division headings and subdivision headings;

   3. (c)

      examples, qualifications, exceptions, tables, diagrams, maps and other illustrations (including their headings), except where they form part of a note that does not form part of the Act;

   4. (d)

      punctuation.

2. (2)

   The following do not form part of an Act, subject to any express provision to the contrary:

   1. (a)

      section headings;

   2. (b)

      notes (including their headings);

   3. (c)

      lists of contents.

3. (3)

   In this section—

appendix does not include an appendix containing legislative history notes;

note means—

1. (a)

   a marginal note; or

2. (b)

   a footnote (whether at the foot of a page or a section or a heading); or

3. (c)

   any text designated as a note;

section has the meaning assigned by section 14A and includes a portion of a section.

19AExamples

If an example forms part of an Act, the example—

1. (a)

   is not exhaustive; and

2. (b)

   may extend, but does not limit, the meaning of the Act or the provision to which it relates.

20Rules of construction to be applied in determining whether an Act binds the Crown

1. (1)

   Subject to subsection (2), an Act passed after 20 June 1990 will, unless the contrary intention appears (either expressly or by implication), be taken to bind the Crown, but not so as to impose any criminal liability on the Crown.

2. (2)

   Where an Act passed after 20 June 1990 amends an Act passed before that date, the question whether the amendment binds the Crown will be determined in accordance with principles applicable to the interpretation of Acts passed before 20 June 1990.

3. (3)

   Where an Act or a provision of an Act (whether passed before or after 20 June 1990) binds the Crown but not so as to impose any criminal liability on the Crown, the Crown's immunity from criminal liability extends (unless the contrary intention is expressed) to an agent of the Crown in respect of an act within the scope of the agent's obligations.

4. (4)

   Where an Act or a provision of an Act (whether passed before or after 20 June 1990) does not bind the Crown, the Crown's immunity extends (unless the contrary intention is expressed) to an agent of the Crown in respect of an act within the scope of the agent's obligations.

5. (5)

   For the purposes of this section—

   1. (a)

      a reference to the Crown extends not only to the Crown in right of this State but also (so far as the legislative power of the State permits) to the Crown in any other capacity;

   2. (b)

      a reference to an agent of the Crown extends to an instrumentality, officer or employee of the Crown or a contractor or other person who carries out functions on behalf of the Crown;

   3. (c)

      an agent acts within the scope of the agent's obligations if the act is reasonably required for carrying out of obligations or functions imposed on, or assigned to, the agent.

21Act deemed always speaking

Every Act will be considered as speaking at all times, and every enactment, whether expressed in the present or the future tense, will be applied to the circumstances as they arise, so that effect may be given to each Act and every provision according to its spirit, true intent and meaning.

22Construction that would promote purpose or object of an Act to be preferred

1. (1)

   Subject to subsection (2), where a provision of an Act is reasonably open to more than one construction, a construction that would promote the purpose or object of the Act (whether or not that purpose or object is expressly stated in the Act) must be preferred to a construction that would not promote that purpose or object.

2. (2)

   This section does not operate to create or extend any criminal liability.

22AConstruction of Act so as not to exceed power of State

1. (1)

   Every Act and every provision of an Act will be construed so as not to exceed the legislative power of the State.

2. (2)

   Any Act or provision of an Act which, but for this section, would exceed the power of the State, is nevertheless a valid enactment to the extent to which it does not exceed that power.

22BDeclaration of validity of laws made before Australia Acts

Each provision of an Act or statutory instrument enacted or made, or purporting to have been enacted or made, before the commencement of the Australia Acts is as valid as it would have been, and has the same effect as it would have had, if the Australia Acts had been in operation at the time of its enactment or making or purported enactment or making.

23Act to be done by Governor to mean by him with advice of Executive Council

Where in any Act passed after the first day of January, 1873, the Governor is authorised or required to do any act, matter or thing, it will be taken to mean that the act, matter or thing may or must be done by the Governor with the advice and consent of the Executive Council.

24When Act or provision deemed to be substituted for another

For the purposes of this Act and of any other Act, a later Act will be taken to be substituted for an earlier Act, or a provision of a later Act will be taken to be substituted for a provision of an earlier Act, when the earlier Act or provision is repealed or superseded and the later Act deals with the same matter as the Act or provision so repealed or superseded, whether it deals with the matter in the same or some other manner, and whether it deals only with the matter or with other matters also.

25Variation of forms

Whenever forms are prescribed or approved under any Act, forms to the same effect are sufficient provided that deviations from the prescribed or approved forms are not calculated to mislead.

26Interpretation of words relating to gender or number

In every Act—

1. (a)

   every word implying a particular gender will be construed as including every other gender; and

2. (b)

   every word in the singular number will be construed as including the plural number;

3. (c)

   every word in the plural number will be construed as including the singular number;

4. (d)

   every word implying a particular gender, or indicating a singular or plural number, will be construed as including a body corporate as well as an individual;

5. (e)

   every phrase consisting of a masculine pronoun and a feminine pronoun joined by the conjunction "or" will, if the antecedent is capable of referring to a body corporate, be construed as applicable to a body corporate as well as a natural person.

27Provisions as to limitation of time

1. (1)

   The time prescribed or allowed by any Act for any proceeding, or for the doing of any thing, or for suffering any thing, will be taken not to include the day of the act or event from or after which the time is to be calculated, but to include the day on which the proceeding is to be taken or the thing is to be done or suffered.

2. (2)

   If the time so prescribed or allowed falls or expires on a Saturday or Sunday, or on any public holiday, the time will be extended so as to fall or expire on the day next following the Saturday, Sunday or public holiday that is not itself a Saturday, Sunday or public holiday.

3. (2a)

   A reference in subsection (2) to a public holiday does not include a part‑day public holiday.

4. (3)

   Where no time is prescribed or allowed within which any thing must be done, the thing must be done with all convenient speed and as often as the prescribed occasion arises.

27ASitting days

A reference in an Act to a number of sitting days of a House of Parliament is, unless the contrary intention appears, a reference to the number of those days regardless of whether the days or some of the days occur in different sessions of Parliament or in different Parliaments.

28Measurement of distances

In the measurement of distance for the purposes of an Act, the distance will, unless the contrary intention appears, be measured in a straight line on a horizontal plane.

28AStandard scales for penalties and expiation fees

Unless a contrary intention is indicated in an Act in which an expression in the left hand column below appears, that expression has the meaning appearing opposite it in the right hand column:

 

Division 1 imprisonment	a term of imprisonment not exceeding 15 years
Division 1 fine	a fine not exceeding $60 000
Division 2 imprisonment	a term of imprisonment not exceeding 10 years
Division 2 fine	a fine not exceeding $40 000
Division 3 imprisonment	a term of imprisonment not exceeding 7 years
Division 3 fine	a fine not exceeding $30 000
Division 4 imprisonment	a term of imprisonment not exceeding 4 years
Division 4 fine	a fine not exceeding $15 000
Division 5 imprisonment	a term of imprisonment not exceeding 2 years
Division 5 fine	a fine not exceeding $8 000
Division 6 imprisonment	a term of imprisonment not exceeding 1 year
Division 6 fine	a fine not exceeding $4 000
Division 6 fee	an expiation fee of $300
Division 7 imprisonment	a term of imprisonment not exceeding 6 months
Division 7 fine	a fine not exceeding $2 000
Division 7 fee	an expiation fee of $200
Division 8 imprisonment	a term of imprisonment not exceeding 3 months
Division 8 fine	a fine not exceeding $1 000
Division 8 fee	an expiation fee of $150
Division 9 fine	a fine not exceeding $500
Division 9 fee	an expiation fee of $100
Division 10 fine	a fine not exceeding $200
Division 10 fee	an expiation fee of $75
Division 11 fine	a fine not exceeding $100
Division 11 fee	an expiation fee of $50
Division 12 fine	a fine not exceeding $50
Division 12 fee	an expiation fee of $25.

29Fines etc to be paid into Treasury

Whenever any fine, penalty or forfeiture is imposed or made by, or authorised to be imposed or made under, any Act, the Act will be taken to provide that the fine, penalty or forfeiture, when recovered, must be paid to the Treasurer of the State and form part of the General Revenue.

30Penalties

1. (1)

   A penalty set out at the foot of a section or subsection that contains words creating an offence indicates that the offence is punishable on conviction by a penalty not exceeding the penalty so set out or, where a minimum as well as a maximum penalty is so set out, by a penalty not less than the minimum and not more than the maximum.

2. (2)

   A penalty set out at the foot of a section or subsection that does not contain words creating an offence indicates that contravention of the section or subsection (whether by act or omission) constitutes an offence punishable on conviction by a penalty not exceeding the penalty so set out or, where a minimum as well as a maximum penalty is so set out, by a penalty not less than the minimum and not more than the maximum.

3. (3)

   In this section—

penalty includes punishment.

33Service by post

1. (1)

   Where any Act passed after the passing of this Act authorises or requires any document to be served by post (whether the expression "serve", "give", "deliver" or "send", or any other expression is used), then, unless the contrary intention appears, the Act will be taken to provide—

   1. (a)

      that the service is effected by properly addressing, prepaying and posting a letter or packet containing the document; and

   2. (b)

      that, unless the contrary is proved, service will be taken to have been effected at the time at which the letter or packet would be delivered in the ordinary course of post.

2. (2)

   Where any Act authorises or requires any document to be served by certified mail (whether the expression "serve", "give", "deliver" or "send", or any other expression is used) then, unless the contrary intention appears, the Act will be taken to provide that service may be effected by registered post.

34"May" imports a discretion, "shall" is imperative

Where, in any Act passed after the first day of January, 1873, the word "may" is used in conferring a power, it implies that the power may be exercised or not, at discretion; and where, in any such Act the word "shall" is used in conferring a power, it implies that the power must be exercised.

35Words applying to occupant of public office to apply to successive occupants

Words directing or empowering any Minister of the Crown or any public officer or functionary to do any act or thing, or otherwise applying by reference to his or her office will be construed as applying to the person for the time being acting in the office or discharging the duties of the office.

36Power to appoint includes power to remove etc

Words giving power to appoint to any office or position, or to appoint a deputy, will be taken to include power, exercisable at the discretion of the person in whom the power to appoint is vested—

1. (a)

   to suspend or remove any person appointed under that power; or

2. (b)

   to reinstate or reappoint any person so suspended or removed; or

3. (c)

   to appoint some other person, temporarily or permanently, in the place of a person so suspended or removed; or

4. (d)

   to appoint some other person, temporarily or permanently, to the office or position—

   1. (i)

      where a person previously appointed is, for any reason, unable to carry out the duties of the office or position; or

   2. (ii)

      where the office or position is vacant.

36AGender balance in nomination of persons for appointment to statutory bodies

1. (1)

   This section applies if an Act provides for a member of a body to be appointed by the Governor or a Minister on the nomination of a non-government entity.

2. (2)

   If the Act provides for the non-government entity to nominate a panel of persons from which the Governor or Minister is to select a person for appointment, the Act will be taken to provide that the panel—

   1. (a)

      must include at least 1 woman and 1 man; and

   2. (b)

      must, as far as practicable, be comprised of equal numbers of women and men.

3. (3)

   If the Act does not provide for the non-government entity to nominate a panel of persons from which the Governor or Minister is to select a person for appointment, the Act will be taken to provide that—

   1. (a)

      the non-government entity must nominate a panel of persons comprised of not less than twice the number of members of the body to be appointed on the nomination of the entity plus one; and

   2. (b)

      the panel—

      1. (i)

         must include at least 1 woman and 1 man; and

      2. (ii)

         must, as far as practicable, be comprised of equal numbers of women and men; and

   3. (c)

      the Governor or Minister must select the person for appointment from the panel.

4. (4)

   This section does not derogate from the need to properly assess merit in selecting persons for appointment.

5. (5)

   In this section—

man includes a person who identifies himself as a man regardless of the person's designated sex at birth;

non-government entity means a person or body other than an officer, agency or instrumentality (including a Minister) of the Crown in right of the State or the Commonwealth or another State or a Territory of the Commonwealth;

woman includes a person who identifies herself as a woman regardless of the person's designated sex at birth.

37Powers may be exercised from time to time

A power given by any Act to do any act or thing (including the making of an appointment), or to submit to any act or thing, is capable of being exercised from time to time, as occasion requires, unless the context, or the nature of the act or thing, indicates a contrary intention.

37AManner in which certain powers and functions may be exercised by a delegate

Where under an Act the exercise of a power or function by a person is dependent upon his or her state of mind, opinion or belief in relation to a particular matter—

1. (a)

   the power or function is not incapable of delegation by reason of the fact that it is so dependent; and

2. (b)

   if the power or function is lawfully delegated, it may be exercised by the delegate upon the basis of his or her own state of mind, opinion or belief in relation to the matter.

39Variation, revocation and expiration of regulations, rules or by-laws

1. (1)

   A power in an Act to make regulations, rules or by-laws includes power to vary or revoke the regulations, rules or by-laws.

2. (2)

   The power to vary or revoke is exercisable in the same way, and subject to the same conditions, as the power to make the regulations, rules or by-laws.

3. (3)

   Regulations, rules and by-laws may include a provision specifying a day on which the regulations, rules or by-laws expire.

40Prescribing matters by reference to other instruments

Where an Act authorises or requires provision to be made for or in relation to a matter by regulations, rules or by-laws, the regulations, rules or by-laws may, unless the contrary intention appears, make such provision by applying, adopting or incorporating, with or without modification—

1. (a)

   the provisions of any Act, or of any statutory instrument, as in force from time to time or as in force at a specified time; or

2. (b)

   any material contained in any other instrument or writing as in force or existing when the regulations, rules or by-laws take effect or as in force or existing at a specified prior time.

42Who may proceed for recovery of penalties

Any person may sue for, or take proceedings to recover, and may recover any fine, penalty, or forfeiture imposed by, or authorised to be imposed or awarded under, any Act, unless the right to sue or take proceedings is vested by the Act in a particular officer or person.

44Interpretation of references to summary proceedings, complaints etc

1. (1)

   Where it is provided in any Act that proceedings for offences are to be dealt with, or disposed of, summarily or before a special magistrate or one or more justices, those offences will be dealt with under the Summary Procedure Act 1921 as summary offences.

2. (2)

   Where it is provided in any Act that a pecuniary sum may be recovered summarily or before or on the award of a special magistrate or one or more justices, that sum may be recovered on information in proceedings under the Summary Procedure Act 1921 and an order for payment made in any such proceedings is enforceable as if it were a fine.

3. (3)

   A reference in an Act to a complaint (being an instrument charging a person with a summary offence) will be taken to be a reference to an information under the Summary Procedure Act 1921 (and a reference to a complainant will be taken to be a reference to an informant under that Act).

4. (4)

   A reference in an Act to making a complaint in respect of an offence will be taken to be a reference to laying an information under the Summary Procedure Act 1921 in respect of an offence of the relevant class.

5. (5)

   A reference in an Act to a complaint (being an instrument charging a person with a summary offence) other than of a kind contemplated by subsection (3) or (4) is to be construed so as to recognise that, following the commencement of the Summary Procedure (Abolition of Complaints) Amendment Act 2016, all offences are to be charged on information.

45Rounding down of monetary amounts

An enactment providing for the calculation and payment of a tax, fee, charge, or other amount must be construed as if it provided that the calculated amount, if not an exact multiple of 5 cents, is to be rounded down to the highest multiple of 5 cents that is less than that amount.

50Offences punishable under more than one law

Where any act or omission constitutes an offence under two or more Acts, or both under an Act or Acts and at common law, the offender will, unless the contrary intention appears, be liable to be prosecuted and punished under either or any of those Acts or at common law, but is not liable to be punished twice for the same offence.

51Production of records kept by computer or other process

If a person who keeps information by computer or other process is required under an Act—

1. (a)

   to produce the information or a document containing the information to a body or person; or

2. (b)

   to make the information or a document containing the information available for inspection by a body or person,

then, unless the body or person otherwise directs—

1. (c)

   the requirement obliges the person to produce or make available for inspection, as the case may be, a document that reproduces the information in a form capable of being understood by the body or person; and

2. (d)

   the production to the body or person of the document in that form complies with the requirement.

52Bodies corporate and signing or execution of documents

If an Act requires or authorises a document to be signed or executed by a person and the person is a body corporate, the Act will be taken to require or authorise the affixing of the common seal of the body to the document, or the signing of the document on behalf of the body, in accordance with the Act (whether or not of this State) under which the body is incorporated.

53Certain meetings etc may occur remotely

1. (1)

   If an Act requires that a meeting occur or that some other transaction take place that requires 2 or more persons to be physically present, the requirement will be taken to be satisfied if the persons meet, or the transaction takes place, remotely using 1 or both (including a combination) of the following means of communication:

   1. (a)

      audio visual;

   2. (b)

      audio.

2. (2)

   However, subsection (1) does not apply to a requirement that a person be physically present to witness the signing, execution, certification or stamping of a document or to take any oath, affirmation or declaration in relation to a document.

3. (3)

   Subsection (1) does not apply to a meeting or transaction, or meeting or transaction of a class, prescribed by the regulations.

Legislative history

Notes

• •

  Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.

• •

  Earlier versions of this Act (historical versions) are listed at the end of the legislative history.

• •

  For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or of Act

  The Acts Interpretation Act 1915 was repealed by Sch 1 cl 23 of the Legislation Interpretation Act 2021 on 1.1.2022.

  Legislation repealed by principal Act

  The Acts Interpretation Act 1915 repealed the following:

  Language of Acts Amendment Act 1900

  Legislation amended by principal Act

  The Acts Interpretation Act 1915 amended the following:

  An Act for shortening and explaining the Language used in Acts of Parliament, and for other purposes (No 9 of 1872)

  Principal Act and amendments

  Year	No	Title	Assent	Commencement
  1915	1215	Acts Interpretation Act 1915	16.12.1915	16.12.1915
  1923	1564	Acts Interpretation Act Amendment Act 1923 repealed by 2253/1935	14.11.1923	repealed by 2253/1935 without coming into operation
  1935	2253	Supreme Court Act 1935	21.12.1935	1.11.1937 (Gazette 25.3.1937 p646)
  1936	2293	Statute Law Revision Act 1936	8.10.1936	8.10.1936
  1945	10	Acts Interpretation Act Amendment Act 1945	15.11.1945	15.11.1945
  1949	58	Acts Interpretation Act Amendment Act 1949	8.12.1949	8.12.1949
  1957	23	Acts Interpretation Act Amendment Act 1957	31.10.1957	31.10.1957
  1971	74	Statutes Amendment (Administration of Acts and Acts Interpretation) Act 1971	11.11.1971	11.11.1971
  1972	118	Acts Interpretation Act Amendment Act 1972	30.11.1972	14.12.1972 (Gazette 14.12.1972 p2630)
  1975	102	Acts Interpretation Act Amendment Act 1975	20.11.1975	20.11.1975
  1978	3	Subordinate Legislation Act 1978	23.2.1978	1.6.1978 (Gazette 11.5.1978 p1652)
  1981	107	Criminal Law Consolidation Act Amendment Act 1981	23.12.1981	11.2.1982 (Gazette 11.2.1982 p361)
  1983	41	Acts Interpretation Act Amendment Act 1983	16.6.1983	1.7.1983 (Gazette 30.6.1983 p1754)
  1984	56	Statutes Amendment (Oaths and Affirmations) Act 1984	24.5.1984	1.7.1984 (Gazette 28.6.1984 p1897)
  1986	13	Acts Interpretation Act Amendment Act 1986	20.3.1986	20.3.1986
  1988	6	Acts Interpretation Act Amendment Act 1988	10.3.1988	10.3.1988
  1988	8	Acts Interpretation Act Amendment Act (No. 2) 1988	10.3.1988	5.5.1988 (Gazette 5.5.1988 p1115)
  1988	51	Statutes Amendment and Repeal (Sentencing) Act 1988	5.5.1988	ss 3 & 4—8.9.1988 (Gazette 8.9.1988 p994); ss 5 & 6—1.1.1989 (Gazette 15.12.1988 p2009)
  1988	55	Acts Interpretation Act Amendment Act (No. 3) 1988	8.9.1988	8.9.1988
  1990	56	Acts Interpretation Act Amendment Act 1990	22.11.1990	22.11.1990
  1991	69	Statutes Repeal and Amendment (Courts) Act 1991	12.12.1991	6.7.1992 (Gazette 2.7.1992 p209)
  1992	8	Acts Interpretation (Crown Prerogative) Amendment Act 1992	16.4.1992	16.4.1992
  1992	14	Acts Interpretation (Commencement) Amendment Act 1992	16.4.1992	16.4.1992
  1992	70	Acts Interpretation (Australia Acts) Amendment Act 1992	19.11.1992	3.3.1986, 5.00 a.m. Greenwich Mean Time: s 2
  1992	72	Expiation of Offences (Divisional Fees) Amendment Act 1992	19.11.1992	Sch—1.3.1993 (Gazette 18.2.1993 p596)
  1994	1	Acts Interpretation (Commencement Proclamations) Amendment Act 1994	28.2.1994	28.2.1994
  1994	15	Acts Interpretation (Monetary Amounts) Amendment Act 1994	12.5.1994	12.5.1994
  1994	92	Native Title (South Australia) Act 1994	15.12.1994	Sch—15.12.1994 (Gazette 15.12.1994 p2129)
  1996	34	Statutes Amendment and Repeal (Common Expiation Scheme) Act 1996	2.5.1996	Sch (cl 1)—3.2.1997 (Gazette 19.12.1996 p1923)
  1997	30	Statutes Amendment (References to Banks) Act 1997	12.6.1997	Pt 2 (s 4)—3.7.1997 (Gazette 3.7.1997 p4)
  1998	55	Police Act 1998	3.9.1998	Sch 3 (cl 1)—1.7.1999 (Gazette 30.6.1999 p3310)
  1998	59	Statutes Amendment (Attorney-General's Portfolio) Act 1998	3.9.1998	Pt 2 (s 4)—10.3.1988: s 2(2)
  1999	33	Financial Sector Reform (South Australia) Act 1999	17.6.1999	Sch (item 2)—1.7.1999 being the date specified under s 3(16) of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 of the Commonwealth as the transfer date for the purposes of that Act: s 2(2)
  2002	33	Statutes Amendment (Attorney-General's Portfolio) Act 2002	28.11.2002	Pt 2 (s 4)—3.3.2003 (Gazette 27.2.2003 p807)
  2005	7	Acts Interpretation (Gender Balance) Amendment Act 2005	21.4.2005	21.7.2005 (Gazette 21.7.2005 p2465)
  2005	13	Acts Interpretation (Miscellaneous) Amendment Act 2005	21.4.2005	Pt 2 (ss 4—16 and new s 52 (as inserted by s 17))—3.10.2005 (Gazette 29.9.2005 p3547); new s 51 (as inserted by s 17)—21.4.2007 (s 7(5) Acts Interpretation Act 1915)
  2005	56	Justices of the Peace Act 2005	17.11.2005	Sch 2 (cll 2 & 3)—1.7.2006 (Gazette 22.6.2006 p2012)
  2006	44	Statutes Amendment (Justice Portfolio) Act 2006	14.12.2006	Pt 2 (s 4)—18.1.2007 (Gazette 18.1.2007 p234)
  2009	84	Statutes Amendment (Public Sector Consequential Amendments) Act 2009	10.12.2009	Pt 4 (s 9)—1.2.2010 (Gazette 28.1.2010 p320)
  2010	5	Health Practitioner Regulation National Law (South Australia) Act 2010	1.7.2010	Sch 1 (cl 2)—1.7.2010 (Gazette 1.7.2010 p3338)
  2012	6	Statutes Amendment (Shop Trading and Holidays) Act 2012	2.4.2012	Pt 2 (ss 4 & 5)—2.4.2012 (Gazette 2.4.2012 p1318)
  2016	35	Statutes Amendment (Gender Identity and Equity) Act 2016	4.8.2016	Pt 2 (ss 4—6)—8.9.2016 (Gazette 8.9.2016 p3676)
  2016	43	Summary Procedure (Abolition of Complaints) Amendment Act 2016	29.9.2016	Sch 1 (cl 1)—3.10.2017 (Gazette 1.8.2017 p3039)
  2019	45	Supreme Court (Court of Appeal) Amendment Act 2019	19.12.2019	Sch 1 (cl 3)—1.1.2021 (Gazette 10.12.2020 p5638)
  2021	25	Statutes Amendment (COVID-19 Permanent Measures) Act 2021	17.6.2021	Pt 3 (s 5)—9.9.2021 (Gazette 18.8.2021 p3099)

  Provisions amended since 3 February 1976

  • •

    Legislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 1 of The Public General Acts of South Australia 1837-1975 at page 55.

  • •

    Certain textual alterations were made to this Act by the Commissioner of Statute Revision when preparing the reprint of the Act that incorporated all amendments in force as at 8 May 1987. A Schedule of these alterations was laid before Parliament on 6 August 1987.

  Entries that relate to provisions that have been deleted appear in italics.

  Provision	How varied	Commencement
  Pt 1	heading inserted by 41/1983 s 3	1.7.1983
  s 2	deleted by 13/1986 (Sch)	20.3.1986
  heading preceding s 3	deleted by 41/1983 s 4	1.7.1983
  s 3	substituted by 41/1983 s 4	1.7.1983
  deleted by 13/1986 (Sch)	20.3.1986
  s 3A	inserted by 41/1983 s 4	1.7.1983
  heading preceding s 4	deleted by 13/1986 (Sch)	20.3.1986
  s 4
  s 4(1)	s 4 amended by 41/1983 s 5(a)	1.7.1983
  s 4 redesignated as s 4(1) by 30/1997 s 4(b)	3.7.1997
  Act	substituted by 13/1986 (Sch)	20.3.1986
  ADI	inserted by 33/1999 Sch (item 2(a))	1.7.1999
  administrative unit	inserted by 84/2009 s 9(1)	1.2.2010
  AS or Australian Standard or AS/NZS or Australian/New Zealand Standard	inserted by 13/2005 s 4(1)	3.10.2005
  Australia Acts	inserted by 70/1992 s 3	3.3.1986
  Australian citizen	amended by 13/1986 (Sch)	20.3.1986
  bank	inserted by 30/1997 s 4(a)	3.7.1997
  substituted by 33/1999 Sch (item 2(b))	1.7.1999
  bank cheque or banker's cheque	inserted by 33/1999 Sch (item 2(b))	1.7.1999
  Banking Act (Cwth)	inserted by 33/1999 Sch (item 2(c))	1.7.1999
  building society	inserted by 33/1999 Sch (item 2(c))	1.7.1999
  British possession	deleted by 13/1986 (Sch)	20.3.1986
  by-law	deleted by 41/1983 s 5(b)	1.7.1983
  commencement of this Act, passing of this Act	deleted by 41/1983 s 5(c)	1.7.1983
  commencement	inserted by 41/1983 s 5(c)	1.7.1983
  amended by 44/2006 s 4	18.1.2007
  Court of Appeal	inserted by 45/2019 Sch 1 cl 3	1.1.2021
  credit union	inserted by 33/1999 Sch (item 2(d))	1.7.1999
  data storage device	inserted by 13/2005 s 4(2)	3.10.2005
  Department or department	inserted by 84/2009 s 9(2)	1.2.2010
  document	inserted by 13/2005 s 4(2)	3.10.2005
  financial year	substituted by 41/1983 s 5(d)	1.7.1983
  friendly society	inserted by 33/1999 Sch (item 2(e))	1.7.1999
  Gazette	amended by 13/1986 (Sch)	20.3.1986
  gender identity	inserted by 35/2016 s 4(1)	8.9.2016
  Health Practitioner Regulation National Law	inserted by 5/2010 Sch 1 cl 2	1.7.2010
  intersex status	inserted by 35/2016 s 4(2)	8.9.2016
  judge	amended by 13/1986 (Sch)	20.3.1986
  land	substituted by 92/1994 Sch	15.12.1994
  major indictable offence	inserted by 69/1991 s 17(a)	6.7.1992
  Minister	substituted by 41/1983 s 5(e)	1.7.1983
  minor indictable offence	inserted by 107/1981 s 27(a)	11.2.1982
  substituted by 69/1991 s 17(b)	6.7.1992
  naturalised British subject	deleted by 13/1986 (Sch)	20.3.1986
  part-day public holiday	inserted by 6/2012 s 4(1)	2.4.2012
  police force	inserted by 55/1998 Sch 3 (cl 1)	1.7.1999
  police officer	inserted by 55/1998 Sch 3 (cl 1)	1.7.1999
  prescribed	substituted by 41/1983 s 5(f)	1.7.1983
  public holiday	substituted by 6/2012 s 4(2)	2.4.2012
  Public Service or public service	inserted by 84/2009 s 9(3)	1.2.2010
  record	inserted by 13/2005 s 4(3)	3.10.2005
  regulation, rule or by-law	substituted by 41/1983 s 5(g)	1.7.1983
  special justice	inserted by 56/2005 Sch 2 cl 2	1.7.2006
  Standards Association of Australia	inserted by 13/2005 s 4(4)	3.10.2005
  Standards Australia	inserted by 13/2005 s 4(4)	3.10.2005
  statutory declaration	substituted by 13/1986 (Sch)	20.3.1986
  statutory instrument	inserted by 41/1983 s 5(h)	1.7.1983
  substituted by 6/1988 s 2	10.3.1988
  amended by 56/1990 s 2	22.11.1990
  amended by 13/2005 s 4(5)	3.10.2005
  summary offence	inserted by 107/1981 s 27(b)	11.2.1982
  substituted by 69/1991 s 17(c)	6.7.1992
  this Act	substituted by 41/1983 s 5(i)	1.7.1983
  writing	inserted by 13/1986 (Sch)	20.3.1986
  amended by 13/2005 s 4(6)	3.10.2005
  passage "Expressions referring … visible form"	deleted by 13/1986 (Sch)	20.3.1986
  s 4(2)	inserted by 30/1997 s 4(b)	3.7.1997
  deleted by 33/1999 Sch (item 2(f))	1.7.1999
  inserted by 13/2005 s 4(7)	3.10.2005
  s 4(3) and (4)	inserted by 6/2012 s 4(3)	2.4.2012
  s 4AA	inserted by 13/2005 s 5	3.10.2005
  s 4A	inserted by 41/1983 s 6	1.7.1983
  Pt 2	heading preceding s 5 deleted and Pt 2 heading inserted by 41/1983 s 7	1.7.1983
  s 5	substituted by 41/1983 s 7	1.7.1983
  heading preceding s 6	deleted by 41/1983 s 7	1.7.1983
  s 6	substituted by 41/1983 s 7	1.7.1983
  substituted by 13/2005 s 6	3.10.2005
  s 7	amended by 41/1983 s 8	1.7.1983
  s 7	substituted by 13/1986 (Sch)	20.3.1986
  s 7(3)	inserted by 55/1988 s 2	8.9.1988
  amended by 13/2005 s 7(1)—(3)	3.10.2005
  s 7(4)	inserted by 55/1988 s 2	8.9.1988
  s 7(4a)	inserted by 1/1994 s 2	28.2.1994
  deleted by 1/1994 s 3	31.12.1994
  inserted by 13/2005 s 7(4)	3.10.2005
  s 7(5)	inserted by 14/1992 s 2	16.4.1992
  s 7A	inserted by 41/1983 s 9	1.7.1983
  s 8	deleted by 13/1986 (Sch)	20.3.1986
  s 9	deleted by 41/1983 s 10	1.7.1983
  s 10	amended by 13/1986 (Sch)	20.3.1986
  Pt 3	heading preceding s 11 deleted and Pt 3 heading inserted by 41/1983 s 11	1.7.1983
  s 10A	inserted by 13/2005 s 8	3.10.2005
  ss 11—14	substituted by 41/1983 s 11	1.7.1983
  Pt 4	heading inserted by 41/1983 s 11	1.7.1983
  s 14A	inserted by 41/1983 s 11	1.7.1983
  s 14A(3)	inserted by 13/2005 s 9	3.10.2005
  s 14B	inserted by 41/1983 s 11	1.7.1983
  s 14B(2)	deleted by 56/1990 s 3	22.11.1990
  s 14B(3)	amended by 13/2005 s 10	3.10.2005
  s 14BA	inserted by 56/1990 s 4	22.11.1990
  s 14BA(2)	substituted by 33/2002 s 4	3.3.2003
  s 14C	inserted by 41/1983 s 11	1.7.1983
  substituted by 6/1988 s 3	10.3.1988
  s 14C(2)	amended by 59/1998 s 4(a)	10.3.1988
  s 14C(3)	inserted by 59/1998 s 4(b)	10.3.1988
  s 14D	inserted by 41/1983 s 11	1.7.1983
  s 15	amended by 41/1983 s 12	1.7.1983
  substituted by 13/1986 (Sch)	20.3.1986
  s 16
  s 16(1)	amended by 41/1983 s 13(a)—(c)	1.7.1983
  s 16(2)	amended by 41/1983 s 13(d)	1.7.1983
  s 16(2a)	inserted by 13/1986 s 2(a)	20.3.1986
  s 16(3)	amended by 41/1983 s 13(e), (f)	1.7.1983
  amended by 13/1986 s 2(b)	20.3.1986
  s 16(4)	inserted by 13/1986 s 2(c)	20.3.1986
  s 17	substituted by 41/1983 s 14	1.7.1983
  heading preceding s 18	deleted by 41/1983 s 15	1.7.1983
  s 18	deleted by 41/1983 s 15	1.7.1983
  inserted by 13/1986 s 3	20.3.1986
  s 19	deleted by 41/1983 s 15	1.7.1983
  inserted by 6/1988 s 4	10.3.1988
  substituted by 13/2005 s 11	3.10.2005
  s 19A	inserted by 13/2005 s 11	3.10.2005
  s 20	deleted by 41/1983 s 15	1.7.1983
  inserted by 8/1992 s 2	16.4.1992
  s 21	amended by 13/1986 (Sch)	20.3.1986
  s 22	substituted by 13/1986 s 4	20.3.1986
  s 22A
  s 22A(3)	deleted by 41/1983 s 16	1.7.1983
  s 22B	inserted by 70/1992 s 4	3.3.1986
  heading preceding s 23	deleted by 41/1983 s 17	1.7.1983
  s 24	amended by 41/1983 s 18	1.7.1983
  amended by 13/1986 (Sch)	20.3.1986
  s 25	amended by 41/1983 s 19	1.7.1983
  substituted by 13/1986 (Sch)	20.3.1986
  amended by 13/2005 s 12(1), (2)	3.10.2005
  s 26	amended by 13/1986 s 5	20.3.1986
  amended by 35/2016 s 5(1), (2)	8.9.2016
  s 27
  s 27(1)	amended by 13/1986 (Sch)	20.3.1986
  s 27(2a)	inserted by 6/2012 s 5	2.4.2012
  s 27A	inserted by 13/2005 s 13	3.10.2005
  s 28	substituted by 13/1986 (Sch)	20.3.1986
  s 28A	inserted by 51/1988 s 4	8.9.1988
  amended by 72/1992 s 10 (Sch)	1.3.1993
  amended by 34/1996 s 4 (Sch cl 1)	3.2.1997
  s 30	substituted by 13/1986 (Sch)	20.3.1986
  s 31	deleted by 51/1988 s 5	1.1.1989
  s 32	deleted by 107/1981 s 27(c)	11.2.1982
  s 33
  s 33(2)	amended by 13/2005 s 14(1), (2)	3.10.2005
  s 33A	deleted by 13/1986 (Sch)	20.3.1986
  s 33B	deleted by 8/1988 s 3	5.5.1988
  s 33C	amended by 41/1983 s 20	1.7.1983
  amended by 13/1986 (Sch)	20.3.1986
  deleted by 8/1988 s 3	5.5.1988
  heading preceding s 34	deleted by 41/1983 s 21	1.7.1983
  s 36	substituted by 13/1986 (Sch)	20.3.1986
  s 36A

inserted by 7/2005 s 4	21.7.2005
s 36A(5)
man	inserted by 35/2016 s 6(1)	8.9.2016
woman	inserted by 35/2016 s 6(2)	8.9.2016
s 37	amended by 13/1986 (Sch)	20.3.1986
s 37A	inserted by 41/1983 s 22	1.7.1983
s 38	deleted by 3/1978 s 7(1)	1.6.1978
heading preceding s 39	deleted by 41/1983 s 23	1.7.1983
s 39	amended by 13/1986 (Sch)	20.3.1986
substituted by 13/2005 s 15	3.10.2005
s 40	deleted by 41/1983 s 24	1.7.1983
inserted by 56/1990 s 5	22.11.1990
heading preceding s 41	deleted by 41/1983 s 25	1.7.1983
s 41	deleted by 56/1984 s 5	1.7.1984
s 43	substituted by 13/1986 (Sch)	20.3.1986
deleted by 69/1991 s 17	6.7.1992
s 44	substituted by 13/1986 (Sch)	20.3.1986
s 44(1)	amended by 13/2005 s 16(1)	3.10.2005
amended by 56/2005 Sch 2 cl 3(1)	1.7.2006
s 44(2)	amended by 51/1988 s 6	1.1.1989
amended by 13/2005 s 16(2)	3.10.2005
amended by 56/2005 Sch 2 cl 3(2)	1.7.2006
amended by 43/2016 Sch 1 cl 1(1)	3.10.2017
s 44(3)—(5)	inserted by 43/2016 Sch 1 cl 1(2)	3.10.2017
s 45	deleted by 13/1986 (Sch)	20.3.1986
inserted by 15/1994 s 2	12.5.1994
ss 46 and 47	deleted by 13/1986 (Sch)	20.3.1986
heading preceding s 48	deleted by 41/1983 s 26	1.7.1983
ss 48 and 49	deleted by 41/1983 s 26	1.7.1983
s 51	deleted by 56/1984 s 5	1.7.1984
inserted by 13/2005 s 17	21.4.2007
s 52	deleted by 41/1983 s 27	1.7.1983
inserted by 13/2005 s 17	3.10.2005
s 53	inserted by 25/2021 s 5	9.9.2021

Transitional etc provisions associated with Act or amendments

Acts Interpretation Act Amendment Act 1988

5Operation of amendments

The amendments made by this Act operate retrospectively and prospectively.

Statutes Amendment and Repeal (Common Expiation Scheme) Act 1996

5Transitional provision

An Act repealed or amended by this Act will continue to apply (as in force immediately prior to the repeal or amendment coming into operation) to an expiation notice issued under the repealed or amended Act.

Historical versions

Reprint No 1—1.7.1991

Reprint No 2—16.4.1992

Reprint No 3—6.7.1992

Reprint No 4—19.11.1992

Reprint No 5—1.3.1993

Reprint No 6—28.2.1994

Reprint No 7—12.5.1994

Reprint No 8—31.12.1994

Reprint No 9—3.2.1997

Reprint No 10—3.7.1997

Reprint No 11—3.9.1998

Reprint No 12—1.7.1999

Reprint No 13—3.3.2003

21.7.2005

3.10.2005

1.7.2006

18.1.2007

21.4.2007

1.2.2010

1.7.2010

2.4.2012

8.9.2016

3.10.2017

1.1.2021