Acts Interpretation Act 1932 (Cth)

ACTS INTERPRETATION.

No. 24 of 1932.

An Act to amend the Acts Interpretation Act 1901-1930 and the Acts Interpretation Act 1904-1930.

[Assented to 30th May, 1932.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Acts Interpretation Act 1932.

(2.) The Acts Interpretation Act 1901-1930, as amended by this Act, may be cited as the Acts Interpretation Act 1901-1932.

(3.) The Acts Interpretation Act 1904-1930, as amended by this Act, may be cited as the Acts Interpretation Act 1904-1932.

2. After section two of the Acts Interpretation Act 1901-1930 the following section is inserted:—

Application of Act to rules, &c.

“2a. Where an Act confers upon any authority power to make, grant or issue any instrument (including any rules, regulations or by-laws), then, unless the contrary intention appears, this Act, except section fifteen a, shall apply to any instrument so made, granted or issued as if it were an Act.”.

3. After section nine of the Acts Interpretation Act 1904-1930 the following sections are inserted:—

Construction of rules, regulations and by-laws.

“9a. Where an Act confers upon any authority power to make, grant or issue any instrument (including any rules, regulations or by-laws), then,

(a) unless the contrary intention appears this Act shall apply to any instrument so made, granted or issued as if it were an Act and as if each such rule, regulation or by-law were a section of an Act; and

(b) any instrument so made, granted or issued shall be read and construed subject to the Act under which it was made, and so as not to exceed the power of that authority, to the intent that where any such instrument would, but for this section, have been construed as being in excess of the power conferred upon that authority, it shall nevertheless be a valid instrument to the extent to which it is not in excess of that Dower.

Construction of resolutions.

“9b. Where any resolution is or has been passed by either House of the Parliament whether before or after the commencement of this section, in purported pursuance of any Act, then, unless the contrary intention appears, the resolution shall be read and construed subject

 

to the Constitution and to the Act under which it purports to have been passed, to the intent that where the resolution would, but for this section, have been construed as being in excess of authority, it shall nevertheless be a valid resolution to the extent to which it is not in excess of authority.”.

4. After section ten of the Acts Interpretation Act 1904-1930 the following section is inserted:—

Disallowed regulation not to be re-made unless motion rescinded.

“10a.—(1.) Where, in pursuance of the last preceding section, either House of the Parliament disallows any regulation, no regulation, being the same in substance as the regulation so disallowed, shall be made within six months after the date of the disallowance, unless the resolution disallowing the regulation has been rescinded by the House of the Parliament by which it was passed.

(2.) Any regulation made in contravention of this section shall be void and of no effect.”.

Administration of Acts.

5. Section nineteen a of the Acts Interpretation Act 1901