Acts Interpretation Amendment Act 2011

Administered by Attorney-General's Department

Legislation au C2011A00046 In force Act

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No. 46, 2011

An Act to amend the Acts Interpretation Act 1901, and for other purposes

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Main amendments

Acts Interpretation Act 1901

Legislative Instruments Act 2003

Schedule 2—Consequential amendments

Aboriginal and Torres Strait Islander Act 2005

Aboriginal Land Rights (Northern Territory) Act 1976

Administrative Appeals Tribunal Act 1975

Admiralty Act 1988

Aged Care Act 1997

Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994

Agricultural and Veterinary Chemicals Act 1994

Agricultural and Veterinary Chemicals (Administration) Act 1992

Agricultural and Veterinary Chemicals Code Act 1994

Air Navigation Act 1920

Airports Act 1996

Airports (Transitional) Act 1996

Air Services Act 1995

A New Tax System (Medicare Levy Surcharge—Fringe Benefits) Act 1999

Antarctic Treaty (Environment Protection) Act 1980

Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006

Anti‑Personnel Mines Convention Act 1998

Archives Act 1983

Auditor‑General Act 1997

AusCheck Act 2007

Australia Council Act 1975

Australian Astronomical Observatory Act 2010

Australian Broadcasting Corporation Act 1983

Australian Bureau of Statistics Act 1975

Australian Capital Territory Government Service (Consequential Provisions) Act 1994

Australian Capital Territory (Planning and Land Management) Act 1988

Australian Centre for International Agricultural Research Act 1982

Australian Centre for Renewable Energy Act 2010

Australian Communications and Media Authority Act 2005

Australian Crime Commission Act 2002

Australian Curriculum, Assessment and Reporting Authority Act 2008

Australian Federal Police Act 1979

Australian Film, Television and Radio School Act 1973

Australian Hearing Services Act 1991

Australian Human Rights Commission Act 1986

Australian Information Commissioner Act 2010

Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989

Australian Institute of Health and Welfare Act 1987

Australian Institute of Marine Science Act 1972

Australian Law Reform Commission Act 1996

Australian Maritime Safety Authority Act 1990

Australian National Maritime Museum Act 1990

Australian National University Act 1991

Australian Nuclear Science and Technology Organisation Act 1987

Australian Organ and Tissue Donation and Transplantation Authority Act 2008

Australian Passports Act 2005

Australian Postal Corporation Act 1989

Australian Prudential Regulation Authority Act 1998

Australian Radiation Protection and Nuclear Safety Act 1998

Australian Research Council Act 2001

Australian Security Intelligence Organisation Act 1979

Australian Sports Anti‑Doping Authority Act 2006

Australian Sports Commission Act 1989

Australian Trade Commission Act 1985

Australian War Memorial Act 1980

Banking Act 1959

Bankruptcy Act 1966

Bills of Exchange Act 1909

Broadcasting Services Act 1992

Building and Construction Industry Improvement Act 2005

Cancer Australia Act 2006

Chemical Weapons (Prohibition) Act 1994

Child Support (Assessment) Act 1989

Child Support (Registration and Collection) Act 1988

Civil Aviation Act 1988

Civil Aviation (Carriers’ Liability) Act 1959

Classification (Publications, Films and Computer Games) Act 1995

COAG Reform Fund Act 2008

Coal Mining Industry (Long Service Leave Funding) Act 1992

Commonwealth Authorities and Companies Act 1997

Commonwealth Electoral Act 1918

Commonwealth Serum Laboratories Act 1961

Competition and Consumer Act 2010

Coordinator‑General for Remote Indigenous Services Act 2009

Corporations (Aboriginal and Torres Strait Islander) Act…

Overview

The Acts Interpretation Amendment Act 2011 (No. 46, 2011) was enacted by the Parliament of Australia to amend the Acts Interpretation Act 1901, providing a more consistent and streamlined approach to the interpretation of Commonwealth legislation. The Act aims to modernise and clarify the interpretation rules, definitions, and application of the Acts Interpretation Act 1901, addressing issues such as the commencement of Acts, the effect of repeals and amendments, and the service of documents. This legislative amendment is part of broader efforts to enhance the readability and accessibility of Australian legislation, facilitating better understanding and application of the law by legal professionals, including lawyers. The Act's provisions ensure that Commonwealth legislation is interpreted in a manner that aligns with the legislative intent and supports the effective administration of justice.

Scope and Application

The Acts Interpretation Amendment Act 2011 No. 46, 2011, amends the Acts Interpretation Act 1901 and applies to all Commonwealth Acts, including the Acts listed in the Schedule of the current Act. The amendments aim to streamline Commonwealth legislation by making it shorter, less complex, and more consistent. The Act also binds the Crown in all its capacities and applies to legislative instruments and other instruments made under an Act, as outlined in the Legislative Instruments Act 2003. The amendments and repeals made by this Act apply to Acts enacted before, on, or after its commencement, with specific provisions outlined in Schedule 3 for application, saving, and transitional purposes. Some provisions of this Act are subject to contrary intentions in other Commonwealth legislation. The Act contains definitions, interpretation rules, and regulations that govern the commencement, amendment, repeal, and expiry of Commonwealth Acts and the exercise of powers and performance of functions and duties under them. The Act further clarifies the service of documents, the calculation of distances, times, and ages, and the citation of Acts. The application of this Act or its provisions to an Act or a provision of an Act is subject to any contrary intention in the Act. The Act extends or restricts application through subordinate instruments as specified in Schedule 3.

Key Provisions

The Acts Interpretation Amendment Act 2011 is an amendment to the Acts Interpretation Act 1901, which serves as a guide for interpreting Commonwealth Acts and instruments. The Act introduces several key changes, including simplifying the outline of the Acts Interpretation Act 1901, providing clearer definitions, and modifying rules for the commencement, amendment, and repeal of Acts. Additionally, it revises rules for interpreting Acts, delegating powers, and calculating time periods. The Act also includes provisions for acting appointments, ensuring that actions taken by acting appointees are valid unless specified otherwise.
The Act imposes obligations on various parties, including the requirement that the Act binds the Crown in all its capacities. It also introduces new definitions, such as "acting SES employee" and "Australian citizen," and clarifies the application of the Act to all Commonwealth Acts, legislative instruments, and other instruments made under an Act. Furthermore, the Act modifies rules for interpreting Commonwealth legislation, such as the best interpretation to achieve the purpose or object of the Act, and the use of material outside the Act for interpretation purposes.
The Act establishes consequences for breaches, though specific penalties are not detailed within the Act itself. Breaches of Commonwealth legislation would typically be subject to the penalties outlined in the respective Acts, which may include fines or imprisonment depending on the nature and severity of the breach. The Act primarily focuses on clarifying and streamlining the interpretation and application of Commonwealth Acts and instruments, ensuring consistency and reducing complexity in the legislative framework.

Area of Law: Statutory Interpretation
Instrument: Act
Concepts: Definitions & Interpretation; Commencement Provisions; Repeal & Amendment; Acts may be altered etc. in same session; Delegated & Subordinate Legislation; Validity of acts done by Ministers

12 Application of Part

This Part applies in relation to any matter arising under this Act, subject to the conditions prescribed by the regulations and to any determination made by the Minister under section 9.

(1) A person must not engage in conduct referred to in subsection (2) unless the person holds an authority issued under this Division and complies with the conditions of that authority.

(2) For the purposes of subsection (1), the conduct includes any act done in the course of carrying on a business, whether or not for profit, within the meaning given by section 4.

13 Powers of the Minister

The Minister may, by notice published in the Gazette, specify the matters to be taken into account in determining an application, and may vary or revoke any such notice.

(3) Nothing in this section limits the operation of any other provision of this Act or the regulations in relation to the matters referred to in this Part.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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