Acts Interpretation Act 1964 (Cth)

ACTS INTERPRETATION.

 

No. 52 of 1964.

An Act to amend the Acts Interpretation Act 1901- 1963.

[Assented to 30th May, 1964.]

[Date of commencement, 27th June, 1964.]

BE it enacted by the Queen’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 1964.

(2.) The Acts Interpretation Act 1901-1963 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Acts Interpretation Act 1901-1964.

 

2. After section two of the Principal Act the following section is inserted:—

Parts.

“2a. This Act is divided into Parts, as follows:—

Part	I.	—Preliminary (Sections 1-2a).
Part	II.	—Commencement of Acts (Sections 3-6).
Part	III.	—Repeal and Expiration of Acts (Sections 7-11).
Part	IV.	—General Provisions (Sections 12-15a).
Part	V.	—Words and References in Acts (Sections 16-25).
Part	VI.	—Judicial Expressions (Sections 26-30).
Part	VII.	—Powers Conferred and Duties Imposed by Acts (Sections 33-34b).
Part	VIII.	—Distance and Time (Sections 35-37).
Part	IX.	—Citation of Acts (Sections 38-40).
Part	X.	—Offences and Penalties (Sections 41-45).
Part	XI.	—Instruments and Resolutions (Sections 46-47).
Part	XII.	—Regulations (Sections 48-50).”.

Proclamations judicially noticed.

3. Section thirty-one of the Principal Act is repealed.

Presentation of papers to the Parliament.

4. Section thirty-four b of the Principal Act is amended by inserting after sub-section (1.) the following sub-section:—

“(1a.) For the purposes of an Act or a law of a Territory that refers to papers presented (however the presentation is described) to the Parliament or to both Houses, or to each or either House, of the Parliament—

(а) presentation of a paper in a House of the Parliament in accordance with the rules or orders of the House; or

(b) if, under the rules or orders of a House of the Parliament, papers are to be deemed to be presented to the House if they are delivered to the Clerk of the House and recorded in the records of the proceedings of the House—such a delivery and recording of a paper,

shall be deemed to have been presentation of the paper to that House, as described in that Act or law, effected or caused by the person who so presented or delivered the paper or caused the paper to be so presented or delivered.”.

5. After section forty-nine of the Principal Act the following section is inserted:—

Prescribing matters by reference to other Instruments.

“49a.—(1.) Where an Act authorizes or requires provision to be made for or in relation to any matter by regulations, the regulations may, unless the contrary intention appears, make

provision for or in relation to that matter by applying, adopting or incorporating, with or without modification—

(a) the provisions of any Act, or of any regulations, as in force at a particular time or as in force from time to time; or

(b) any matter contained in any other instrument or writing as in force or existing at the time when the first- mentioned regulations take effect,

but, unless the contrary intention appears, regulations shall not, except as provided by this sub-section, make provision for or in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.

“(2.) In this section, ‘regulations’ means regulations or rules under an Act.”.

Headings.

6. The heading preceding each section of the Principal Act the number of which is set out in the first column of the Schedule to this Act is repealed and the heading set out in the second column of that Schedule opposite to that number is inserted in its stead.

 

THE SCHEDULE. Section 6.

First Column.	Second Column.
Number of Section.	Heading Inserted.
1	Part	I.	—Preliminary.
3	Part	II.	—Commencement of Acts.
7	Part	III.	—Repeal and Expiration of Acts.
12	Part	IV.	—General Provisions.
16	Part	V.	—Words and References in Acts.
26	Part	VI.	—Judicial Expressions.
33	Part	VII.	—Powers Conferred and Duties Imposed by Acts.
35	Part	VIII.	—Distance and Time.
38	Part	IX.	—Citation of Acts.
41	Part	X.	—Offences and Penalties.
46	Part	XI.	—Instruments and Resolutions.
48	Part	XII.	—Regulations.