Imperial Acts Application Act 1986 (ACT)
Imperial Acts Application Act 1986 (repealed)
A1986-93
Republication No 2
Effective: 11 November 1999
Republication date: 18 June 2008
As repealed by A1999-66 sch 3
Unauthorised version prepared by ACT Parliamentary Counsel’s Office
About this republication
The republished law
This is a republication of the Imperial Acts Application Act 1986 (repealed) effective from 11 November 1999.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation (Republication) Act 1996, part 3, division 2 authorised the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation (Republication) Act 1996, s 14 and s 16). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
imperial acts application act 1986
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office
Repealed by 1999 No 66 (in force 10/11/99)
TABLE OF PROVISIONS
Section
1.Short title
2.Commencement
3.Interpretation
4.Repeal
5.Amendment of certain applied Imperial Acts
6.Application of applied Imperial Acts
6A.Interpretation of continued applied Imperial Acts
6B.Citation of continued applied Imperial Acts
7.Savings
8.Inconsistencies between certain applied Imperial Acts and other laws
9.Headings and footnotes in Schedules
References to the Sovereign
Application of Act
schedule 1
certain applied imperial acts continuing
to be in force in the territory
schedule 2
applied imperial acts of constitutional,
historical or other significance
continuing to be in force in the
territory
schedule 3
texts of applied imperial acts of
constitutional, historical oR other
significance continuing to be in
force in the territory
schedule 4
preamble to imperial act 43
eliz. 1 c. 4—the charitable
uses act, 1601
schedule 5
imperial acts application act 1986
An Act relating to the application in the Territory of certain Acts of the United Kingdom
Short title
1. This Act may be cited as the Imperial Acts Application Act 1986.1
Commencement
2. 1 (1) Subject to this section, this Act shall come into operation on the date on which notice of this Act having been made is published in the Gazette.
(2) Subsection 4 (2) shall come into operation on such date as is fixed by the Minister of State for Territories by notice in the Gazette.
(3) Subsection 4 (3) shall come into operation on such date as is fixed by the Minister of State for Territories by notice in the Gazette.
Interpretation
3. (1) In this Act, unless the contrary intention appears—
“applied Imperial Act” means—
(a)an Imperial Act that—
(i)extended to the Territory as part of the law of the Territory of its own force immediately before 3 September 1939; and
(ii)had not ceased so to extend to the Territory before the commencing date; and
(b)an Imperial Act, other than an Imperial Act referred to in paragraph (a)—
(i)that came into force as part of the law of the Colony of New South Wales—
(A) by virtue of the common law upon the foundation of that Colony;
(B) by virtue of section 24 of the Australian Courts Act, 1828 of the United Kingdom; or
(C) by virtue of an Act of the State;
(ii)that was in force in the State immediately before 1 January 1911;
(iii)that was continued in force in the Territory by section 6 of the Seat of Government Acceptance Act 1909 of the Commonwealth; and
(iv)that had not ceased to be in force in the Territory before the commencing date;
“commencing date” means the date on which notice of this Act having been made was published in the Gazette;
“continued applied Imperial Act” means an applied Imperial Act:
(a)the citation of which is specified in Schedule 1 or 2; or
(b)the citation of which is specified in subsection 4 (1), being an Act that had not ceased to be in force in the Territory before the commencement of this definition by virtue of subsection 4 (2) or (3);
and includes any other applied Imperial Act, or any part of any other applied Imperial Act, that is in force in the Territory as part of the law of the Territory;
“Imperial Act” means—
(a)a public Act of the Parliament of England included in the public Acts of the Parliament of England from and including the Act 20 Hen. 3 c. 1 (the Statute of Merton), enacted in 1235, to and including the Act 6 Anne c. 34, enacted in 1706;
(b)a public Act of the Parliament of Great Britain included in the public Acts of the Parliament of Great Britain from and including the Act 6 Anne c. 35, enacted in 1707, to and including the Act 41 Geo. 3 c. 32, enacted in 1800; or
(c)a public Act of the Parliament of the United Kingdom included in the public Acts of the Parliament of the United Kingdom from and including the Act 41 Geo. 3 c. 1, enacted in 1801, to and including the Act 2 and 3 Geo. 6 c. 80, enacted in 1939;
“State” means the State of New South Wales.
(2) Subject to subsection (4), where an applied Imperial Act that extended to the Territory as part of the law of the Territory of its own force immediately before the commencing date had been amended before 3 September 1939 under a provision of that Act or by or under a provision of another Imperial Act, a reference in this Act to that applied Imperial Act shall be read as a reference to that applied Imperial Act as so amended.
(3) Subject to subsection (4) a reference in this Act to an applied Imperial Act other than such an Act to which subsection (2) applies shall be read as a reference to that applied Imperial Act—
(a)as amended before 25 July 1828 under a provision of that Act or by or under a provision of another Imperial Act;
(b)as amended on or after that date and before 1 January 1911 by or under a provision of another Imperial Act that extended to the State as part of the law of the State of its own force; and
(c)as amended on or after 1 January 1911 and before 3 September 1939 by or under a provision of another Imperial Act that extended to the Territory as part of the law of the Territory of its own force,
as the case requires.
(4) Where an applied Imperial Act, including such an Act that has been amended as mentioned in subsection (2) or (3) has been amended, before the commencing date, by a law of the Commonwealth or of the Territory, a reference in this Act to that applied Imperial Act shall be read as a reference to that applied Imperial Act, or to that applied Imperial Act as amended as mentioned in subsection (2) or (3), as the case requires, as amended or further amended by that law.
Repeal
4. (1) Subject to subsections (2), (3) and (6), the applied Imperial Act 8 and 9 Will. 3 c. 11 and the applied Imperial Act 4 and 5 Anne c. 3 continue to be in force in the Territory on and after the commencing date as if—
(a)in the case of Act 8 and 9 Will. 3 c. 11—the provisions of that Act other than section 8; or
(b)in the case of Act 4 and 5 Anne c. 3—the provisions of that Act other than sections 12 and 13;
ceased, by virtue of this Act, to be in force in the Territory on the commencing date.
(1A) The applied Imperial Act (1285) 13 Edw. 1 c. 22, the applied Imperial Act (1575) 18 Eliz. 1 c. 5 and section 6 of the applied Imperial Act (1623) 21 Jas. 1 c.16 cease, by virtue of this subsection, to be in force in the Territory.
(2) Subject to subsection (6), the applied Imperial Act 8 and 9 Will. 3 c. 11, as it has effect in the Territory by virtue of subsection (1), ceases to be in force in the Territory on the commencement of this subsection.
(3) Subject to subsection (6), the applied Imperial Act 4 and 5 Anne c. 3, as it has effect in the Territory by virtue of subsection (1), ceases to be in force in the Territory on the commencement of this subsection.
(4) Subject to subsection (6), where there is specified in column 3 of Schedule 1, opposite to the citation of an applied Imperial Act in column 1, a section or sections of that Act, the remaining sections of that Act, to the extent (if any) to which they were in force in the Territory immediately before the commencing date, cease, by virtue of this Act, to be in force in the Territory on the commencing date.
(5) The applied Imperial Act 43 Eliz. 1 c. 4 (known as the Charitable Uses Act, 1601) ceases to be in force in the Territory on the commencing date.
(6) Where a provision (in this subsection referred to as the “principal provision”) of an applied Imperial Act that ceases to be in force in the Territory by virtue of subsection (1), (2), (3), (4) or (5) amends a provision (in this subsection referred to as the “other provision”) of another applied Imperial Act that is in force in the Territory on the day on which the principal provision would, but for this subsection, cease to be in force in the Territory, the principal provision, in so far only as it amends the other provision, does not cease to be in force in the Territory until the other provision ceases to be in force in the Territory.
Amendment of certain applied Imperial Acts
5. (1) An applied Imperial Act the citation of which is specified in column 1 of Schedule 2 shall be deemed to be amended by this Act to the extent necessary for it to be in force in the Territory in the terms set out in the Part of Schedule 3 specified in column 3 of Schedule 2 opposite to the citation of that Act in column 1.
(2) Subject to subsection (3), where a section or other part of an applied Imperial Act the citation of which is specified in column 1 of Schedule 2, being a section or other part that was in force in the Territory immediately before the commencing date, is omitted from the text of that Act set out in Schedule 3, that section or other part ceases, upon the commencing date, to be in force in the Territory by virtue of this subsection and section 7 applies to and in relation to that section or other part accordingly.
(3) Where a section or other part of an applied Imperial Act referred to in subsection (2) amends an applied Imperial Act that continues to be in force in the Territory, that section or other part, in so far as it amends that applied Imperial Act, does not cease to be in force in the Territory unless and until the provision of the applied Imperial Act that it amends ceases to be in force in the Territory.
(4) In the case of an applied Imperial Act the citation of which is specified in column 1 of Schedule 2 (being an Act that was enacted before the reign of Henry 7), the translation from the original Latin or Norman-French in Schedule 3 shall, for all purposes, be deemed to be correct.
(5) In the case of an applied Imperial Act the citation of which is specified in column 1 of Schedule 2 (being an Act that was enacted before the reign of George 2), the conversion of words spelt according to the spelling of the time when the Act was enacted into the modern form of spelling shall, for all purposes, be deemed to be correct.
Application of applied Imperial Acts
6. (1) Nothing in section 5 shall be taken to prevent—
(a)such of the applied Imperial Acts specified in column 1 of Schedule 2 as extended to the Territory, immediately before the commencing date, as part of the law of the Territory by virtue of their own express provisions or by necessary implication, from so continuing to extent to the Territory on and after that date as amended by this Act; and
(b)the other applied Imperial Acts so specified, being those Acts as amended by this Act, from continuing in force in the Territory, on and after the commencing date, as part of the law of the Territory that has effect under, and in accordance with, the provisions of, section 6 of the Seat of Government Acceptance Act 1909 of the Commonwealth.
(2) Subsection (3) applies to—
(a)an Imperial Act the citation of which is specified in column 1 of Schedule 1;
(b)an Imperial Act the citation of which is specified in column 1 of Schedule 2; or
(c)an Imperial Act the citation of which is specified in subsection 4 (1).
(3) If an Imperial Act to which this subsection applies, or a part of such an Act specified in column 3 of Schedule 1 opposite to the citation of that Act in column 1 of Schedule 1—
(a)has never been in force in the Territory as part of the law of the Territory; or
(b)ceased, before the commencing date, to be in force in the Territory as part of the law of the Territory;
that Act, or that part of that Act, as amended by this Act, has effect in the Territory as a law of the Territory by virtue of this Act and this Act applies to and in relation to that Act, or that part of that Act, as the case may be, as if that Act were an applied Imperial Act for the purposes of this Act and had been in force in the Territory immediately before the commencing date.
(4) Nothing in subsection (3)—
(a)shall be taken to alter the law of the Territory as in force at any time before the commencing date; or
(b)shall be taken to render invalid, on and after the commencing date, any act or thing that was done or suffered before that date and was duly and validly done or suffered according to the law in force in the Territory when the Act or thing was done or suffered.
Interpretation of continued applied Imperial Acts
6A. (1) The provisions of Schedule 5 apply, in accordance with this section, to and in relation to the construction and operation of Acts for the purpose of facilitating their interpretation.
(2) Where the words “all Acts” are set out at the end of—
(a)a clause or subclause of Schedule 5; or
(b)a definition in subclause 5 (1) of Schedule 5;
that clause, subclause or definition applies, so far as applicable, to all Acts whenever passed.
(3) Where a year or a date is set out at the end of—
(a)a clause or subclause of Schedule 5; or
(b)a definition in subclause 5 (1) of Schedule 5;
that clause, subclause or definition applies, so far as applicable, to Acts passed after the end of that year, or on or after that date, as the case may be.
(4) Where a reference to subsection (5), (6), (7) or (8) is set out at the end of a clause or subclause of Schedule 5, that clause or subclause applies to Acts as set out in that subsection.
(5) Clause 6 of Schedule 5 applies—
(a)to Acts passed in or before the year 1850 in relation to offences punishable on indictment or summary conviction; and
(b)to Acts passed after the year 1850.
(6) Clause 10 of Schedule 5 applies to Acts, whenever passed, in so far as they relate to subordinate legislation made after the year 1889.
(7) Clause 12 of Schedule 5 applies to Acts passed after the year 1889 in so far as they relate to rules, regulations and by-laws.
(8) Subclause 15 (2) applies—
(a)in so far as it relates to references in another enactment to a repealed enactment, to Acts passed after the year 1889; and
(b)in so far as it relates to subordinate legislation, to Acts whenever passed.
(9) Where a preceding subsection of this section does not apply to a clause or subclause of Schedule 5 or to a definition in subclause 5 (1) of Schedule 5, then that clause, subclause or definition applies to Acts according to its tenor.
(10) The words “all Acts”, a year, a date or a reference to a subsection of this section set out at the end of a clause or subclause of Schedule 5, or of a definition in subclause 5 (1) of Schedule 5, is so set out for the purpose of the application of this section and does not form part of the clause, subclause or definition at the end of which it is set out.
(11) In this section—
“Act” has the same meaning as it has in Schedule 5.
Citation of continued applied Imperial Acts
6B. A continued applied Imperial Act that has been given a citation by the Imperial Act 59 and 60 Vac. c. 14 (Short Titles Act, 1896) or by the Imperial Act 11 and 12 Geo. 6 c. 62 (Statute Law Revision Act, 1948) may, in its application as a law of the Territory, be cited by the citation so given to it.
Savings
7. (1) The ceasing of an applied Imperial Act, or of a part of an applied Imperial Act, to be in force in the Territory by virtue of this Act does not—
(a)revive anything not in force or existing within the Territory at the time when that Act, or that part of that Act, so ceased to be in force;
(b)affect the previous operation of that Act, or of that part of that Act, within the Territory, or anything duly done or suffered under that Act, or that part of that Act, in its application in the Territory;
(c)affect a right, privilege, obligation or liability acquired, accrued or incurred under that Act, or that part of that Act, in its application in the Territory, or an investigation, legal proceeding or remedy in respect of such a right, privilege, obligation or liability; or
(d)affect a penalty, forfeiture or punishment incurred in respect of an offence committed against that Act, or that part of that Act, in its application in the Territory, or an investigation, legal proceeding or remedy in respect of such a penalty, forfeiture or punishment;
and such an investigation, legal proceeding or remedy may be instituted, continued or enforced, and such a penalty, forfeiture or punishment may be imposed, as if this Act had not been made.
(2) Without limiting the generality of subsection (1)—
(a)the ceasing of the applied Imperial Act 43 Eliz. c. 4 (known as The Charitable Uses Act, 1601) to be in force in the Territory as part of the law of the Territory does not prevent references in and under the law of the Territory to charities from continuing to be construed as references to charities within the meaning and scope of the Preamble to that Act; and
(b)the ceasing of any applied Imperial Act, or of any part of any such Act, to be in force in the Territory by virtue of this Act does not affect any rule of law or equity in force in the Territory otherwise than by virtue of that Act, or of that part of that Act.
(3) For all purposes of the law of the Territory, the text set out in Schedule 4 shall be taken to be the text of the Preamble to the Imperial Act 43 Eliz. c. 4 (known as The Charitable Uses Act, 1601).
(4) Where an applied Imperial Act, or a part of such an Act, that ceases, by virtue of this Act, to be in force in the Territory repealed (expressly or by necessary implication), confirmed, revived or perpetuated another Imperial Act, or a part of another such Act, that did not so cease to be in force in the Territory, that repeal, confirmation, revivor or perpetuation is not affected by reason that the first-mentioned Imperial Act, or the part of the first-mentioned Imperial Act, so ceased to be in force in the Territory.
Inconsistencies between certain applied Imperial Acts and other laws
8. Where, upon the commencing date—
(a)a provision of an applied Imperial Act the citation of which is specified in column 1 of Schedule 1 (being a provision that is to continue to be in force in the Territory on and after the commencing date); or
(b)a provision of an applied Imperial Act the citation of which is specified in column 1 of Schedule 2 (being that Act as amended by this Act);
is inconsistent with a provision of another law in force in the Territory (not being another applied Imperial Act the citation of which is so specified), the provision of that applied Imperial Act, to the extent of the inconsistency, has no force or effect in the Territory.
Headings and footnotes in Schedules
9. (1) The headnotes to sections of an applied Imperial Act the text of which is set out in a Part of Schedule 3 do not form part of that Act or of this Act.
(2) The footnotes appearing at the end of a Part of Schedule 3 do not form part—
(a)of the applied Imperial Act the text of which is set out in that Part of that Schedule; or
(b)of this Act.
References to the Sovereign
11. In an Imperial Act that continues to be in force in the Territory on and after the commencing date in accordance with this Act, unless the contrary intention appears, a reference to the Sovereign reigning at the time of the enactment of the Act or to the Crown, shall be read as a reference to the Sovereign for the time being.
Application of Act
12. (1) This Act, and every applied Imperial Act that continues to be in force in the Territory by virtue of this Act, shall be read and construed subject to the Constitution, and so as not to exceed the legislative power in respect of the Territory, to the intent that where any part of this Act, or of such an Act, would, but for this subsection, 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.
(2) Nothing in this Act affects the operation in the Territory of an Imperial Act that extends to, or has force or effect in, the Commonwealth as part of the law of the Commonwealth by express words or necessary implication.
SCHEDULE 1 Subsections 4 (4) and 10 (1)
certain applied imperial acts continuing to be in force in the territory
| Column 1
| Column 2
| Column 3 Provisions continuing |
| (1536) 28 Hen. 8 c. 15 | Offences at sea | Sections 1, 2 and 4 |
| (1698) 11 Will. 3 c. 7 | Piracy | Whole Act |
| (1717) 4 Geo. 1 c. 11 | Piracy | Section 7 |
| (1721) 8 Geo. 1 c. 24 | Piracy | Whole Act |
| (1744) 18 Geo. 2 c. 30 | Piracy | Whole Act |
| (1824) 5 Geo. 4 c. 113 | Slave Trade Act, 1824 | Whole Act |
| (1833) 3 and 4 Will. 4 c. 73 | Slavery Abolition Act, 1833 | Section 12 |
| (1843) 6 and 7 Vic. c. 98 | Slave Trade Act, 1843 | Whole Act |
| (1864) 27 and 28 Vic. c. 25 | The Naval Prize Act, 1864 | Whole Act |
| (1873) 36 and 37 Vic. c. 88 | Slave Trade Act, 1873 | Whole Act |
| (1894) 57 and 58 Vic. c. 39 | Prize Courts Act, 1894 | Whole Act |
| (1894) 57 and 58 Vic. c. 60 | Merchant Shipping Act, 1894 | Whole Act |
| (1914) 4 and 5 Geo. 5 c. 13 | Prize Courts (Procedure) Act, 1914 | Whole Act |
| (1915) 5 and 6 Geo. 5 c. 57 | Prize Courts Act, 1915 | Whole Act |
| (1916) 6 and 7 Geo. 5 c. 2 | Naval Prize (Procedure) Act, 1916 | Whole Act |
| (1939) 2 and 3 Geo. 6 c. 65 | Prize Act 1939 | Whole Act |
SCHEDULE 2 Section 5 and subsection 10 (2)
Applied Imperial Acts of constitutional, Historical or other significance continuing to be in force in the Territory
| Column 1 Year and Citation of Act | Column 2 Subject-matter or short title of Act | Column 3 Part of Schedule 3 where Act printed |
| (1297) 25 Edw. 1 c. 29 | Magna Carta | Part 2 |
| (1351) 25 Edw. 3, St. 5, c. 4 | Due process of law | Part 3 |
| (1354) 28 Edw. 3 c. 3 | Due process of law | Part 4 |
| (1368) 42 Edw. 3 c. 3 | Due process of law | Part 5 |
| (1400) 2 Hen. 4 c. 1 | Free access to courts | Part 6 |
| (1547) 1 Edw. 6 c. 7 | Demise of the Crown | Part 7 |
| (1623) 21 Jas. 1 c. 16 | Actions for trespass or slander | Part 9 |
| (1627) 3 Chas. 1 c. 1 | The Petition of Right | Part 10 |
| (1688) 1 Will. and Mary, Sess. 2 c. 2 | The Bill of Rights | Part 11 |
| (1700) 12 and 13 Will. 3 c. 2 | The Act of Settlement | Part 12 |
| (1702) 1 Anne c. 2 | Legal proceedings not affected by demise of Crown | Part 13 |
| (1707) 6 Anne c. 41 | Use of Crown seals not affected by demise of Crown | Part 14 |
| (1729) 2 Geo. 2 c. 22 | Set-off of debts | Part 15 |
| (1735) 8 Geo. 2 c. 24 | Set-off of debts | Part 16 |
| (1760) 1 Geo. 3 c. 23 | Demise of the Crown | Part 17 |
| (1772) 12 Geo. 3 c. 11 | Royal Marriages Act, 1772 | Part 18 |
| (1828) 9 Geo. 4 c. 83 | Australian Courts Act, 1828 | Part 19 |
| (1856) 19 and 20 Vic. c. 113 | Foreign Tribunals Evidence Act, 1856 | Part 20 |
| (1859) 22 Vic. c. 20 | Evidence by Commission Act, 1859 | Part 21 |
| (1859) 22 and 23 Vic. c. 63 | British Law Ascertainment Act, 1859 | Part 22 |
| (1865) 28 and 29 Vic. c. 63 | Colonial Laws Validity Act, 1865 | Part 23 |
| (1874) 37 and 38 Vic. c. 27 | The Courts (Colonial) Jurisdiction Act, 1874 | Part 24 |
| (1878) 41 and 42 Vic. c. 73 | Territorial Waters Jurisdiction Act, 1878 | Part 25 |
| (1885) 48 and 49 Vic. c. 74 | Evidence by Commission Act, 1885 | Part 26 |
| (1890) 53 and 54 Vic. c. 27 | Colonial Courts of Admiralty Act, 1890 | Part 27 |
| (1901) 1 Edw. 7 c. 5 | Demise of the Crown Act, 1901 | Part 28 |
SCHEDULE 3 Section 5
Texts of Applied Imperial Acts of Constitutional, Historical or other significance continuing to be in force
in the Territory
PART 2—25 EDW. 1 c. 29 (1297)—THE GREAT CHARTER OF THE LIBERTIES OF ENGLAND AND THE LIBERTIES OF THE FOREST CONFIRMED BY KING EDWARD
Edward, by the grace of God, King of England, Lord of Ireland and Duke Guyan: To all archbishops, bishops, & c.: We have seen the Great Charter of the Lord Henry sometimes King of England, our father, of the liberties of England in these words:
Henry, by the Grace of God, King of England, Lord of Ireland, Duke of Normandy and Guyan, and Earl of Anjou, to all archbishops, bishops abbots, priors, earls, barons, sheriffs, provosts, officers, and to all bailiffs and other our faithful subjects, who shall see this present Charter, greeting:
Know you that We, unto the honour of Almighty God, and for the salvation of the souls of our progenitors and successors, Kings of England, to the advancement of Holy Church and amendment of our realm, of our free will, have given and granted to all archbishops, bishops, abbots, priors, earls, barons, and to all freemen of this our realm these liberties following, to be kept in our Kingdom of England forever:
Imprisonment etc. contrary to law
29. No freeman shall be taken or imprisoned, or disseised of his freehold, liberties or free customs, or be outlawed or exiled or in any other wise destroyed; nor will We pass upon him nor condemn him, but by lawful judgment of his peers or by the law of the land. We will sell to no man, and we will not deny or defer to any man, either justice or right.
We, ratifying and approving these gifts and grants aforesaid, confirm and make strong all the same for us and our heirs perpetually, and by the tenor of these presents do renew the same: willing and granting for us and our heirs that this Charter and all and singular its articles for ever shall be steadfastly, firmly and inviolably observed.
Notes
1. Chapters 1 to 28 (inclusive) and 30 to 37 (inclusive), to the extent (if any) to which they were in force in the Territory immediately before the date referred to in subsection 2 (1) of the Imperial Acts Application Act 1986 ceased to be so in force by virtue of subsection 5 (2) of that Act.
2. The enacting provision, and the confirmation provision at the end have been printed in this case for their historical significance, but have been amended by the Imperial Acts Application Act 1986 to omit obsolete and unnecessary words.
PART 3—25 EDW. 3, ST. 5, c. 4 (1351)
None shall be taken upon suggestion without lawful presentment
Whereas it is contained in the Great Charter of the Franchises of England, that none shall be imprisoned nor put out of his freehold, nor of his franchises nor free custom, unless it be by the law of the land; it is accorded, assented, and established, that from henceforth none shall be taken by petition or suggestion made to our Lord the King, or to his Council, unless it be by indictment or presentment of good and lawful people of the same neighbourhood where such deeds be done, in due manner, or by process made by writ original at the common law; and that none be deprived of his franchises, or of his freeholds, unless he be duly brought into answer, and forejudged of the same by the course of the law; and if any thing be done against the same, it shall be redressed and holden for none.
PART 4—28 EDW. 3 c. 3 (1354)
None shall be condemned without due process of law
No man of what estate or condition that he be, shall be put out of land or tenement, nor taken, nor imprisoned, nor disinherited, nor put to death, without being brought in answer by due process of the law.
PART 5—42 EDW. 3 c. 3 (1368)
None shall be put to answer without due process of law
No man be put to answer without presentment before justices, or matter of record, or by due process and writ original, according to the old law of the land: And if any thing from henceforth be done to the contrary, it shall be void in the law, and holden for error.
note
The preamble and enacting words were omitted by the Imperial Acts Application Act 1986.
PART 6—2 HEN. 4 c. 1, SECTIONS 4 AND 5 (1400)
Every person shall be in peace
4. All his liege people and subjects may freely and peaceably, in his sure and quiet protection, go and come to his courts, to pursue the laws, or defend the same, without disturbance or impediment of any.
Full justice shall be done
5. Full justice and right be done, as well to the poor as to the rich, in his courts aforesaid.
NOTE
Sections 1, 2 and 3, which confirm the rights of the Church and the rights, liberties and franchises granted by the King’s predecessors, are obsolete and unnecessary. To the extent (if any) to which they had effect in the Territory immediately before the date referred to in subsection 2 (1) of the Imperial Acts Application Act 1986, they ceased so to have effect by virtue of that Act.
PART 7—1 EDW. 6 c. 7, SECTION 1 (1547)
Death of the King shall not discontinue any suit etc.
1. * * * * * *
(4) From thenceforth by the death or demise of the King’s majesty that now is, (whose life Almighty God long preserve, keep and maintain in his most royal estate) nor by the death or demise of any that hereafter shall be King of his realm, any action, suit, bill or plaint, now or that hereafter shall depend between party and party, in any of the King’s majesty’s courts and other courts of record, shall not in any wise be discontinued or put without day.
(5) The processes, pleas, demurrers and continuances in every action, actions, suits, bills or plaints which now or that hereafter shall depend, shall stand good and effectual, and be prosecuted and sued forth in such manner and form, and in the same estate, condition and order, as if the same King had lived or continued in full life, the death or demise hereafter of any King of this realm notwithstanding.
(6) All, and all manner of, judicial processes, that hereafter shall be had or pursued in the time of the reign of any other King, then reigning at the time of the pursuit of the original or former processes, shall be made in the name of the King that, for the time, shall reign and be King of this realm, and that variance touching the same processes between the names of the Kings shall not be in any wise material, as concerning any default to be alleged or objected therefore.
NOTES
1. Subsections 1 (1), (2) and (3) constituted recitals to this Act. These recitals and the enacting words at the beginning of subsection (4) were omitted by the Imperial Acts Application Act 1986.
2. The words “the King’s majesty’s courts and other courts of record” have been substituted in subsection (4) for “courts aforesaid” by the Imperial Acts Application Act 1986. The “courts aforesaid” was a reference back to “the King’s majesty’s courts and other courts of record” in subsection (1) of the recitals.
3. Sections 2 to 6 dealt with rules of practice and procedure. To the extent (if any) to which they had effect in the Territory immediately before the date referred to in subsection 2 (1) of the Imperial Acts Application Act 1986, they ceased so to have effect by virtue of that Act.
PART 9—21 JAS. 1 c. 16, SECTION 5 (1623)
An Act for avoiding suits in law
After judgment or non-suit in a quare clausum fregit, plaintiff barred
5. (1) In all actions for trespass quare clausum fregit wherein the defendant or defendants shall disclaim his or their plea to make any title or claim to the land in which the trespass is by the statement of claim alleged to be done, and the trespass be by negligence or involuntary, the defendant or defendants shall be admitted to plead a disclaimer, and that the trespass was by negligence or involuntary, and a tender or offer of sufficient amends for such trespass before the action brought, whereupon or upon some of them, the plaintiff or plaintiffs shall be enforced to join issue.
(2) If the said issue be found for the defendant, or defendants, or the plaintiff or plaintiffs shall be non-suited, the plaintiff or plaintiffs shall be clearly barred from the said action or actions and all other suit concerning the same.
NOTES
1. Sections 1 and 2 have been omitted by the Imperial Acts Application Act 1986 as their operation was exhausted before 25 July 1828 or was superseded by the Real Property (Limitation of Actions) Act (Imperial) 1833 in its application in the Territory. That Act ceased to be in force in the Territory by virtue of subsection 2 (1) of the Limitation Act 1985.
2. Sections 3 and 4 ceased to be in force in the Territory by virtue of subsection 2 (2) of the Limitation Act 1985.
4. Section 7 ceased to be in force in the Territory by virtue of subsection 2 (2) of the Limitation Act 1985.
5. The reference to limitation of actions was omitted from the Title by the Imperial Acts Application Act 1986 as this Act, in its application in the Territory, no longer deals with limitation of actions.
PART 10—3 CHAS. 1 c. 1 (1627)—THE PETITION OF RIGHT
The Petition exhibited to His Majesty by the lords spiritual and temporal and commons in this present Parliament assembled concerning divers rights and liberties of the subject: with the Kings Majesty’s royal answer thereunto in full Parliament.
To the King’s most excellent Majesty.
Humbly shew unto our Sovereign lord the King the lords spiritual and temporal and commons in Parliament assembled that:
Reciting that by 34 Edw. 1 St. 4, c. 1, by authority of Parliament holden 25 Edw. 3, and by other laws of this realm, the King’s subjects should not be taxed but by consent in Parliament
1. Whereas it is declared and enacted by a Statute made in the time of the reign of King Edward the First commonly called Statutum de Tallagio non concedendo, that no tallage or aid should be laid or levied by the King or his heirs in this realm without the good will and assent of the archbishops, bishops, earls, barons, knights, burgesses and other the freemen of the commons of this realm, and by authority of Parliament holden in the five and twentieth year of the reign of King Edward the Third, it is declared and enacted, that from thenceforth no person should be compelled to make any loans to the King against his will because such loans were against reason and the franchise of the land, and by other laws of this realm it is provided, that none should be charged by any charge or imposition called a benevolence nor by such like charge by which the statutes before mentioned and other the good laws and statutes of this realm your subjects have inherited this freedom that they should not be compelled to contribute to any tax, tillage, aid or other like charge not set by common consent in Parliament.
And that commissions have of late issued on which proceedings have been had contrary to law
2. Yet nevertheless of late divers commissions directed to sundry commissioners in several counties with instructions have issued, by means whereof your people have been in divers places assembled and required to lend certain sums of money unto your Majesty, and many of them upon their refusal so to do have had an oath administered unto them not warrantable by the laws or statutes of this realm and have been constrained to become bound to make appearance and give attendance before your privy council and in other places; and others of them have been therefore imprisoned, confined and sundry other ways molested and disquieted and divers other charges have been laid and levied upon your people in several counties by lord lieutenants, deputy lieutenants, commissioners for musters, justices of peace and others by command or direction from your Majesty or your privy council against the laws and free customs of the realm.
Reciting 9 Hen. M.C. c. 29
3. And where also by the Statute called the Great Charter of the liberties of England, it is declared and enacted, that no freeman may be taken or imprisioned or be disseised of his freehold or liberties or his free customs or be outlawed or exiled or in any manner destroyed, but by the lawful judgment of his peers or by the law of the land.
Reciting 28 Edw. 3 c. 3
4. And in the eight and twentieth year of the reign of King Edward the Third it was declared and enacted by authority of Parliament, that no man of what estate or condition that he be, should be put out of his land or tenements nor taken nor imprisoned nor disherited nor put to death without being brought to answer by due process of law.
And that divers subjects have been imprisoned without cause shown or cause of detainer certified
5. Nevertheless against the tenor of the said statutes and other the good laws and statutes of your realm to that end provided, divers of your subjects have of late been imprisoned without any cause shown: And when for their deliverance they were brought before your justices by your Majesty’s writs of habeas corpus there to undergo and receive as the court should order, and their keepers commanded to certify the causes of their detainer, no cause was certified, but that they were detained by your Majesty’s special command signified by the lords of your privy council and yet were returned back to several prisons without being charged with anything to which they might make answer according to the law.
And that soldiers have been dispersed in divers counties, and inhabitants compelled to receive them
6. And whereas of late great companies of soldiers and mariners have been dispersed into divers counties of the realm, and the inhabitants against their wills have been compelled to receive them into their houses, and there to suffer them to sojourn against the laws and customs of this realm and to the great grievance and vexation of the people.
Reciting 25 Edw. 3, and that commissions have issued under the great seal for proceedings according to martial law
7. And whereas also by authority of Parliament in the five and twentieth year of the reign of King Edward the Third it is declared and enacted that no man should be forejudged of life or limb against the form of the Great Charter and the law of the land, and by the said Great Charter, and other the laws and statutes of this your realm no man ought to be adjudged to death but by the laws established in this your realm, either by the customs of the same realm or by Acts of Parliament. And whereas no offender of what kind soever is exempted from the proceedings to be used and punishments to be inflicted by the laws and statutes of this your realm, nevertheless of late time divers commissions under your Majesty’s great seal have issued forth, by which certain persons have been assigned and appointed commissioners with power and authority to proceed within the land according to the justice of martial law against such soldiers or mariners or other dissolute persons joining with them as should commit any murder, robbery, felony, mutiny or other outrage or misdemeanour whatsoever, and by such summary course and order as is agreeable to martial law and as is used in armies in time of war to proceed to the trial and condemnation of such offenders, and them to cause to be executed and put to death according to the law martial.
By pretext whereof some of your Majesty’s subjects have been by some of the said commissioners put to death, when and where, if by the laws and statutes of the land they had deserved death, by the same laws and statutes also they might, and by no other ought to, have been judged and executed.
And also sundry grievous offenders by colour thereof claiming an exemption have escaped the punishment due to them by the laws and statutes of this your realm, by reason that divers of your officers and ministers of justice have unjustly refused or forborne to proceed against such offenders according to the same laws and statutes upon pretence that the said offenders were punishable only by martial law and by authority of such commissions as aforesaid. Which commissions and all other of like nature are wholly and directly contrary to the said laws and statutes of this your realm.
THE PETITION
8. They do therefore humbly pray your most excellent Majesty, that no man hereafter be compelled to make or yield any gift loan benevolence tax or such like charge without common consent by Act of Parliament, and that none be called to make answer or take such oath or to give attendance or be confined or otherwise molested or disquieted concerning the same or for refusal thereof. And that no freeman in any such manner as is before mentioned be imprisioned or detained. And that your Majesty would be pleased to remove the said soldiers and mariners and that your people may not be so burdened in time to come. And that the aforesaid commissions for proceeding by martial law may be revoked and annulled. And that hereafter no commissions of like nature may issue forth to any person or persons whatsoever to be executed as aforesaid, lest by colour of them any of your Majesty’s subjects be destroyed or put to death contrary to the laws and franchise of the land.
All which they most humbly pray of your most excellent Majesty as their rights and liberties according to the laws and statutes of this realm, and that your Majesty would also vouchsafe to declare that the awards, doings and proceedings to the prejudice of your people in any of the premises shall not be drawn hereafter into consequence or example. And that your Majesty would be also graciously pleased for the further comfort and safety of your people to declare your royal will and pleasure, that in the things aforesaid all your officers and ministers shall serve you according to the laws and statutes of this realm as they care for the honour of your Majesty and the prosperity of this Kingdom.
Qua Quidem petitione lecta & plenius intellecta per
dictum dominium regem taliter est responsum
in pleno parliamento videlicet.
R° Soit droit fait come est desire
PART 11—1 WILL. AND MARY, SESS. 2, c. 2 (1688)—THE BILL OF RIGHTS
An Act declaring the rights and liberties of the subject and settling the succession of the Crown
Whereas the lords spiritual and temporal and commons assembled at Westminster lawfully fully and freely representing all the estates of the people of this realm did upon the thirteenth day of February in the year of our Lord one thousand six hundred and eighty-eight present unto their Majesties then called and known by the names and style of William and Mary Prince and Princess of Orange being present in their proper persons a certain declaration in writing made by the said lords and commons in the words following:
Whereas the late King James the Second by the assistance of divers evil councillors, judges and ministers employed by him did endeavour to subvert and extirpate the Protestant religion and the laws and liberties of this kingdom.
1. By assuming and exercising a power of dispensing with and suspending of laws and execution of laws without consent of Parliament.
2. By committing and prosecuting divers worthy prelates for humbly petitioning to be excused from concurring to the said assumed power.
3. By issuing and causing to be executed a commission under the great seal for erecting a court called the court of commissioners for ecclesiastical causes.
4. By levying money for and to the use of the Crown by pretence of prerogative for other time and in other manner than the same was granted by Parliament.
5. By raising and keeping a standing army within this kingdom in time of peace without consent of Parliament and quartering soldiers contrary to law.
6. By causing several good subjects being protestants to be disarmed at the same time when papists were both armed and employed contrary to law.
7. By violating the freedom of election of members to serve in Parliament.
8. By prosecutions in the Court of King’s Bench for matters and causes cognizable only in Parliament and by divers other arbitrary and illegal courses.
9. And whereas of late years partial, corrupt and unqualified persons have been returned and served on juries in trials and particularly divers jurors in trials for high treason which were not freeholders.
10. And excessive bail has been required of persons committed in criminal cases to elude the benefit of the laws made for the liberty of the subjects.
11. And excessive fines have been imposed; and illegal and cruel punishments inflicted.
12. And several grants and promises made of fines and forfeitures before any conviction or judgment against the persons upon whom the same were to be levied.
All which are utterly and directly contrary to the known laws and statutes and freedom of this realm:
And whereas the said late King James the Second having abdicated, the government and the throne being thereby vacant, his Highness the Prince of Orange (whom it has pleased Almighty God to make the glorious instrument of delivering this kingdom from popery and arbitrary power) did (by the advice of the lords spiritual and temporal and divers principal persons of the commons) cause letters to be written to the lords spiritual and temporal being protestants and other letters to the several counties, cities, universities, boroughs and cinque ports for the choosing of such persons to represent them as were of right to be sent to Parliament to meet and sit at Westminster upon the two and twentieth day of January in this year one thousand six hundred and eighty-eight in order to such an establishment as that their religion, laws and liberties might not again be in danger of being subverted, upon which letters, elections having been accordingly made:
And thereupon the said lords spiritual and temporal and commons pursuant to their respective letters and elections being now assembled in a full and free representative of this nation taking into their most serious consideration the best means for attaining the ends aforesaid do in the first place (as their ancestors in like case have usually done) for the vindicating and asserting their ancient rights and liberties, declare:
Suspending power
1. That the pretended power of suspending of laws or the execution of laws by regal authority without consent of Parliament is illegal.
Late dispensing power
2. That the pretended power of dispensing with laws or the execution of laws by regal authority as it has been assumed and exercised of late is illegal.
Ecclesiastical courts illegal
3. That the commission for erecting the late court of commissioners for ecclesiastical causes and all other commissions and courts of like nature are illegal and pernicious.
Levying money
4. That levying money for or to the use of the Crown by pretence of prerogative without grant of Parliament for longer time or in other manner than the same is or shall be granted is illegal.
Right to petition
5. That it is the right of the subjects to petition the King and all commitments and prosecutions for such petitioning are illegal.
Standing army
6. That the raising or keeping a standing army within the kingdom in time of peace unless it be with consent of Parliament is against law.
Subjects’ arms
7. That the subjects which are protestants may have arms for their defence suitable to their conditions and as allowed by law.
Freedom of election
8. That election of members of Parliament ought to be free.
Freedom of speech
9. That the freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament.
Excessive bail
10. That excessive bail ought not to be required nor excessive fines imposed nor cruel and unusual punishments inflicted.
Juries
11. That jurors ought to be duly empannelled and returned.
Grants of forfeiture
12. That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void.
Frequent Parliaments
13. And that for redress of all grievances and for the amending, strengthening and preserving of the laws, Parliaments ought to be held frequently.
Undoubted rights and liberties
I. And they do claim, demand and insist upon all and singular the premises as their undoubted rights and liberties and that no declarations, judgments, doings or proceedings to the prejudice of the people in any of the said premises ought in any wise to be drawn hereafter into consequence or example.
To which demand of their rights they are particularly encouraged by the declaration of his Highness the Prince of Orange as being the only means for obtaining a full redress and remedy therein.
Having therefore an entire confidence that his said Highness the Prince of Orange will perfect the deliverance so far advanced by him and will still preserve them from the violation of their rights which they have here asserted and from all other attempts upon their religion, rights and liberties.
Tender of crown
II. The said lords spiritual and temporal and commons assembled at Westminister do resolve that William and Mary Prince and Princess of Orange be and be declared King and Queen of England, France and Ireland and the dominions thereunto belonging to hold the crown and royal dignity of the said kingdoms and dominions to them the said prince and princess during their lives and the life of the survivor of them. And that the sole and full exercise of the regal power be only in and executed by the said Prince of Orange in the names of the said prince and princess during their joint lives and after their deceases the said crown and royal dignity of the said kingdoms and dominions to be to the heirs of the body of the said princess and for default of such issue to the Princess Anne of Denmark and the heirs of her body and for default of such issue to the heirs of the body of the said Prince of Orange. And the lords spiritual and temporal and commons do pray the said prince and princess to accept the same accordingly.
New oaths of allegiance
III. And that the oaths hereafter mentioned be taken by all persons to whom the oaths of allegiance and supremacy might be required by law instead of them and that the said oaths of allegiance and supremacy be abrogated.
I, A B, do sincerely promise and swear that I will be faithful and bear true allegiance to their Majesties King William and Queen Mary.
So help me God.
I, A B, do swear that I do from my heart abhor, detest and abjure as impious and heretical this damnable doctrine and position that princes excommunicated or deprived by the Pope or any authority of the see of Rome may be deposed or murdered by their subjects or any other whatsoever.
And I do declare that no foreign prince, person, prelate, state or potentate has or ought to have any jurisdiction, power, superiority, pre-eminence or authority, ecclesiastical or spiritual, within this realm.
So help me God.
Acceptance of crown
IV. Upon which their said Majesties did accept the crown and royal dignities of the kingdoms of England, France and Ireland and the dominions thereunto belonging according to the resolution and desire of the said lords and commons contained in the said declaration.
Two houses to sit
V. And thereupon their Majesties were pleased that the said lords spiritual and temporal and commons being the two Houses of Parliament should continue to sit and with their Majesties’ royal concurrence make effectual provision for the settlement of the religion, laws and liberties of this kingdom so that the same for the future might not be in danger again of being subverted, to which the said lords spiritual and temporal and commons did agree and proceed to act accordingly.
Subjects’ liberties to be allowed
VI. Now in pursuance of the premises the said lords spiritual and temporal and commons in Parliament assembled for the ratifying, confirming and establishing the said declaration and the articles, clauses, matters and things therein contained by the force of a law made in due form by authority of Parliament do pray that it may be declared and enacted that all and singular the rights and liberties asserted and claimed in the said declaration are the true, ancient and indubitable rights and liberties of the people of this kingdom and so shall be esteemed, allowed, adjudged, deemed and taken to be and that all and every the particulars aforesaid shall be firmly and strictly holden and observed as they are expressed in the said declaration. And all officers and ministers whatsoever shall serve their Majesties and their successors according to the same in all times to come.
William and Mary declared King and Queen
VII. And the said lords spiritual and temporal and commons seriously considering how it hath pleased Almighty God in his marvellous providence and merciful goodness to this nation to provide and preserve their said Majesties’ royal persons most happily to reign over us upon the throne of their ancestors for which they render unto him from the bottom of their hearts their humblest thanks and praises do truly, firmly, assuredly and in the sincerity of their hearts think and do hereby recognize, acknowledge and declare that King James the Second having abdicated the government and their Majesties having accepted the crown and royal dignity as aforesaid their said Majesties did become, were, are and of right ought to be by the laws of this realm our sovereign liege lord and lady King and Queen of England, France and Ireland and the dominions thereunto belonging in and to whose princely persons the royal state crown and dignity of the said realms with all honours, styles, titles, regularities, prerogatives, powers, jurisdictions and authorities to the same belonging and appertaining are most fully and rightfully and entirely invested and incorporated, united and annexed.
Limitation of crown
VIII. And for preventing all questions and divisions in this realm by reason of any pretended titles to the crown and for preserving a certainty in the succession thereof in and upon which the unity, peace, tranquillity and safety of this nation doth under God wholly consist and depend the said lords spiritual and temporal and commons do beseech their Majesties that it may be enacted, established and declared that the crown and regal government of the said kingdoms and dominions with all and singular the premises thereunto belonging and appertaining shall be and continue to their said Majesties and the survivor of them during their lives and the life of the survivor of them and that the entire, perfect and full exercise of the regal power and government be only in and executed by his Majesty in the names of both their Majesties during their joint lives and after their deceases the said crown and premises shall be and remain to the heirs of the body of her Majesty and for default of such issue to her royal Highness the Princess Anne of Denmark and the heirs of her body and for default of such issue to the heirs of the body of his said Majesty. And thereunto the said lords spiritual and temporal and commons do in the name of all the people aforesaid most humbly and faithfully submit themselves, their heirs and posterities for ever and do faithfully promise that they will stand to maintain and defend their said Majesties and also the limitation and succession of the crown herein specified and contained to the utmost of their powers with their lives and estates against all persons whatsoever that shall attempt any thing to the contrary.
Papists debarred the crown
IX. And whereas it has been found by experience that it is inconsistent with the safety and welfare of this protestant kingdom to be governed by a popish prince or by any King or Queen marrying a papist the said lords spiritual and temporal and commons do further pray that it may be enacted that all and every person and persons that is, are or shall be reconciled to or shall hold communion with the see or church of Rome and shall profess the popish religion or shall marry a papist shall be excluded and be for ever incapable to inherit, possess or enjoy the crown and government of this realm and Ireland and the dominions thereunto belonging or any part of the same or to have, use or exercise any regal power, authority or jurisdiction within the same.
And in all and every such case or cases the people of these realms shall be and are hereby absolved of their allegiance and the said crown and government shall from time to time descend to and be enjoyed by such person or persons being protestants as should have inherited and enjoyed the same in case the said person or persons so reconciled, holding communion or professing or marrying as aforesaid were naturally dead.
All Kings etc., to take the declaration
X. And that every King and Queen of this realm who at any time hereafter shall come to and succeed in the imperial crown of this kingdom shall on the first day of the meeting of the first Parliament next after his or her coming to the crown sitting in his or her throne in the House of Peers in the presence of the lords and commons therein assembled or at his or her coronation before such person or persons who shall administer the coronation oath to him or her at the time of his or her taking the said oath (which shall first happen) make, subscribe and audibly repeat the declaration required by law. But if it shall happen that such King or Queen upon his or her succession to the crown of this realm shall be under the age of twelve years then every such King or Queen shall make, subscribe and audibly repeat the said declaration at his or her coronation or the first day of the meeting of the first Parliament as aforesaid which shall first happen after such King or Queen shall have attained the said age of twelve years.
King assent
XI. All which their Majesties are contented and pleased shall be declared, enacted and established by authority of this present Parliament and shall stand, remain and be the law of this realm for ever. And the same are by their said Majesties by and with the advice and consent of the lords spiritual and temporal and commons in Parliament assembled and by the authority of the same declared, enacted and established accordingly.
Non obstantes made void
XII. No dispensation by non obstante of or to any statute or any part thereof shall be allowed but the same shall be held void and of no effect except a dispensation be allowed of in such statute.
NOTES
1. The division of this Statute into numbered paragraphs is in accordance with the text in Statutes at Large.
2. Section 11 was impliedly amended by section 62 of 9 Geo. 4 c. 50 which repealed so much of section 11 as declared that jurors who pass upon men in trials for high treason ought to be freeholders. The text of section 11 has been altered to give effect to this provision.
3. Section X required the declaration mentioned in it to be taken in accordance with Act 30 Chas. 2 St. 2 c. 1. That Act was repealed in the United Kingdom by Act 29 and 30 Vic. c. 19. The declaration to be taken by the Sovereign is now prescribed by the Accession Declaration Act, 1910 of the United Kingdom. Section X has been amended by the Imperial Acts Application Act 1986 to reflect these changes in the law of the United Kingdom.
4. Parts of section XII, the operation of which was exhausted before 25 July 1828, were omitted by the Imperial Acts Application Act 1986.
(2) In an Act, unless the contrary intention appears:
(a)a reference to a court of summary jurisdiction or to a Magistrate’s Court shall be read as a reference to the Magistrates Court of the Territory; and
(b)a reference to any other court shall be read as a reference to the Supreme Court of the Territory. (all Acts)
Gender and number
6. In any Act, unless the contrary intention appears:
(a)words importing the masculine gender include the feminine;
(b)words importing the feminine gender include the masculine; and
(c)words in the singular include the plural and words in the plural include the singular. (subsection 6A (5))
References to service by post
7.Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post. (1889)
References to distance
8. In the measurement of any distance for the purposes of an Act, that distance shall, unless the contrary intention appears, be measured in a straight line on a horizontal plane. (1889)
References to the Sovereign
9. In any Act a reference to the Sovereign reigning at the time of the passing of the Act is to be construed, unless the contrary intention appears, as a reference to the Sovereign for the time being. (all Acts)
Construction of subordinate legislation
10. Where an Act confers power to make subordinate legislation, expressions used in that legislation have, unless the contrary intention appears, the meaning that they bear in the Act. (subsection 6A (6))
Part 4—Statutory powers and duties
Continuity of powers and duties
11. (1) Where an Act confers a power or imposes a duty it is implied, unless the contrary intention appears, that the power may be exercised, or the duty is to be performed, from time to time as occasion requires. (1889)
(2) Where an Act confers a power or imposes a duty on the holder of an office as such, it is implied, unless the contrary intention appears, that the power may be exercised, or the duty is to be performed, by the holder for the time being of the office. (1889)
Implied power to amend
12.Where an Act confers power to make:
(a)rules, regulations or by-laws; or
(b)Orders in Council, orders or other subordinate legislation to be made by statutory instrument;
it implies, unless the contrary intention appears, a power, exercisable in the same manner and subject to the same conditions or limitations, to revoke, amend or re-enact any instrument made under the power. (subsection 6A (7))
Part 5—Repealing enactments
Repeal of repeal
13. Where an Act repeals a repealing enactment, the repeal does not revive any enactment previously repealed unless words are added reviving it. (1850)
General savings
14. Without prejudice to clause 13, where an Act repeals an enactment, the repeal does not, unless the contrary intention appears:
(a)revive anything not in force or existing at the time at which the repeal takes effect;
(b)affect the previous operation of the enactment repealed or anything duly done or suffered under that enactment;
(c)affect any right, privilege, obligation or liability acquired, accrued or incurred under that enactment;
(d)affect any penalty, forfeiture or punishment incurred in respect of any offence committed against that enactment; or
(e)affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment;
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. (1889)
Repeal and re-enactment
15. (1) Where an Act repeals a previous enactment and substitutes provisions for the enactment repealed, the repealed enactment remains in force until the substituted provision come into force. (1850)
(2) Where an Act repeals and re-enacts, with or without modification, a previous enactment, then, unless the contrary intention appears:
(a)any reference in any other enactment to the enactment so repealed shall be construed as a reference to the provision re-enacted; and
(b)in so far as any subordinate legislation made or other thing done under the enactment so repealed, or having effect as if so made or done, could have been made or done under the provision re-enacted, it shall have effect as if made or done under that provision. (subsection 6A (8))
Part 6—Miscellaneous
Citation of other Acts
16. (1) Where a continued applied Imperial Act refers to another continued applied Imperial Act (being an Act the citation of which is set out in column 1 of Schedule 2 of this Act) by year, statute, session or chapter, or to a section or other portion of such another continued applied Imperial Act by number of letter, the reference shall, unless the contrary intention appears, be read as a reference:
(a)subject to paragraph (b), to that other Act as printed in Schedule 3 of this Act or to the section or other portion having that number or letter of that Act as so printed, as the case may be; or
(b)if, on or after the commencement of the Imperial Acts Application (Amendment) Act 1987, that Act has been amended by an Act, to that Act as so printed and so amended, or to the section or other portion having that number or letter of that Act as so printed and so amended, as the case may be. (all Acts)
(2) Subject to subclause (1), where an Act cites another Act by year, statute, session or chapter, or a section or other portion of another Act by number or letter, the reference shall, unless the contrary intention appears, be read as referring:
(a)in the case of Acts included in any revised edition of the Imperial statutes printed by authority, to that edition;
(b)in the case of Acts not so included but included in the edition prepared under the direction of the Record Commission, to that edition; and
(c)in any other case, to the Acts printed by the Printer to the Crown, or under the superintendence or authority of the Crown’s Stationary Office. (1889)
(3) An Act may continue to be cited by the short title authorised by any enactment notwithstanding the repeal of the enactment. (all Acts)
References to other enactments
17. (1) Where an Act describes or cites a portion of an enactment by referring to words, sections or other parts from or to which (or from and to which) the portion extends, the portion described or cited includes the words, sections or other parts referred to unless the contrary intention appears. (1889)
(2)Subject to subclause (3), where an Act refers to an enactment, the reference, unless the contrary intention appears, is a reference to that enactment as amended, and includes a reference thereto as extended or applied, by or under any other enactment, including any other provision of that Act. (1889)
(3) Where a continued applied Imperial Act refers to another continued applied Imperial Act, the reference, unless the contrary intention appears, shall be read as a reference to that other Act as for the time being amended and in force in the Territory as part of this law of the Territory. (all Acts)
Application to other instruments
18. Paragraph 4 (a), clause 16, and the definition of the United Kingdom in clause 5 apply, so far as applicable and unless the contrary intention appears, to subordinate legislation in force in the Territory under a continued applied Imperial Act in like manner as they apply to Acts. (all Acts).
NOTES
1. The Imperial Acts Application Act 1986 as shown in this reprint comprises Act No. 93, 1986 amended as indicated in the Tables below.
Citation of Laws—The Self-Government (Citation of Laws) Act 1989 (No. 21, 1989) altered the citation of most Ordinances so that after Self-Government day they are to be cited as Acts. That Act also affects references in ACT laws to Commonwealth Acts.
2. The Legislation (Republication) Act 1996 (No. 51, 1996) authorises the Parliamentary Counsel in preparing a law for republication, to make certain editorial and other formal amendments in accordance with current legislative drafting practice. Those amendments make no change in the law. Amendments made pursuant to that Act do not appear in the Table of Amendments but details may be obtained on request from the Parliamentary Counsel’s Office.
Table of Ordinances
| Ordinance | Number and year | Date of notification in Gazette | Date of commencement | Application, saving or transitional provisions |
| Imperial Acts Application Ordinance 1986 | 93, 1986 | 12 Jan 1987 | S. 4 (2) and (3): (a) Remainder: 12 Jan 1987 | |
| Administrative Arrangements (Consequential Amendments) Ordinance 1987 | 37, 1987 | 24 July 1987 | S. 6: 24 July 1987 (b) | — |
| Imperial Acts Application (Amendment) Ordinance 1987 | 44, 1987 | 2 Sept 1987 | 2 Sept 1987 | — |
| Administrative Arrangements (Consequential Amendments) Ordinance 1988 | 17, 1988 | 22 Apr 1988 | 22 Apr 1988 | S. 4 |
| Self-Government (Consequential Amendments) Ordinance 1989 | 38, 1989 | 10 May 1989 | Ss. 1 and 2: 10 May 1989 | — |
Self-Government day 11 May 1989
Table 2
Table of Acts
| Act | Number and year | Date of notification in Gazette | Date of commencement | Application, saving or transitional provisions |
| Law Reform (Repeal of Laws) Act 1997 | 42, 1997 | 19 Sept 1997 | 19 Sept 1997 | — |
| Law Reform (Miscellaneous Provisions) Act 1999 sch 3 | 1999 No 66 | 10 Nov 1999 | sch 3 commenced 10 Nov 1999 | — |
| as repealed by | ||||
| Law Reform (Miscellaneous Provisions) Act 1999 | 1999 No 66 | 10 Nov 1999 | 10 Nov 1999 | — |
(a) As at 10 November 1999 no date had been fixed for the commencement of subsections 4 (2) and (3).
(b) The Imperial Acts Application Act 1986 was amended by section 6 only of the Administrative Arrangements (Consequential Amendments) Ordinance 1987, subsection 2 (2) of which provides as follows:
“(2)The remaining provisions of this Ordinance shall come into operation on the day on which this Ordinance is notified in the Gazette.”
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision How affected
S. 3.................................... am. No. 44, 1987; No. 17, 1988; No. 38, 1989
S. 4.................................... am. Act No. 42, 1997
Ss. 6A, 6B.......................... ad. No. 44, 1987
S. 6C................................. ad. No. 44, 1987
rep. No. 38, 1989
S. 10.................................. rep. No. 38, 1989
S. 13.................................. rep. No. 17, 1988
Schedule 1........................ am. No. 37, 1987; No. 38, 1989
Schedule 2........................ am. No. 37, 1987; No. 17, 1988; No. 38, 1989; Act No. 42, 1997
Schedule 3........................ am. Act No. 42, 1997
Schedule 4........................ am. 1999 No 66 s 6 sch 3
Schedule 5........................ ad. No. 44, 1987
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