Interpretation (Amendment) Act 1979 (ACT)

N o . 4 of 1979

An Ordinance to amend the Interpretation Ordinance 1967

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of Government (Administration) Act 1910.

Dated this fifteenth day of March 1979.

ZELMAN COWEN

Governor-General

By His Excellency's Command,

P. DURACK

Attorney-General

INTERPRETATION ( A M E N D M E N T ) ORDINANCE 1979

1. This Ordinance may be cited as the Interpretation (Amendment)

Ordinance 1979.'

2. In this Ord inance , " P r i n c i p a l O r d i n a n c e " means the

Interpretation Ordinance 1967.2

3. (1) Section 8 of the Principal Ordinance is repealed and the fol­ lowing section substituted:

is expressed to confer power, or to amend another Ordinance in such a manner that the other Ordinance, as amended, will confer power, to make an appointment or to make an instrument of a legislative or ad­	less the contrary intention appears, the power may be exercised, and	ministrative character (including rules, regulations or by-laws), then, un­
anything may be done for the purpose of enabling the exercise of the power or of bringing the appointment or instrument into effect, before the Ordinance concerned comes into operation as if it had come into operation.
" ( 2 ) An appointment or instrument made by virtue of sub-section (1) or, in the case of such an instrument containing a number of pro­ visions, each of those provisions, takes effect—

" 8 . (1) Where an Ordinance (in this section referred to as the Ordi­ nance concerned), being—

(a)	an Ordinance made on or after the date of commencement of this section that is not to come into operation immediately it is made; or
(b)	an Ordinance made before the date of commencement of this section that did not come into operation on or before that date,

(a)	on the day on which the Ordinance concerned comes into oper­ ation; or
(b )	on the day on which the appointment, instrument or provision, as the case may be, would have taken effect if the Ordinance concerned had been in operation when the appointment or in­ strument was made,

whichever is the later.

" ( 3 ) Where an Ordinance is to come into operation on such date as

is fixed by the Minister by notice in the Gazette, the notice may be published in the Gazette at any time after the date on which the Ordi­ nance is notified in the Gazette.

" ( 4 ) Where this section applies to an Ordinance by reason of the fact that that Ordinance is expressed to amend another Ordinance in the manner referred to in sub-section ( 1 ) and that other Ordinance has not come into operation, this section has effect as if the references in sub­ sections ( 1 ) and (2) to the coming into operation of the Ordinance con­ cerned were references to the coming into operation of the other Ordi­ nance as amended by the Ordinance concerned.

" ( 5 ) In sub-sections ( 1 ) , (2) , (3) and (4), a reference to an Ordi­

nance shall be read as including a reference to any provision or pro­

visions of an Ordinance.

" ( 6 ) In the application of this section, in accordance with section 49,

to rules, regulations or by-laws (including rules, regulations or by-laws made by virtue of this section), references in this section to the making of an Ordinance shall be read as references to the making of an instrument and references in this section to an Ordinance other than the Ordinance concerned shall be read as references to an instrument.".

(2) The repeal of section 8 of the Principal Ordinance does not affect the validity of anything done in accordance with that section before the date of commencement of this section or the coming into operation on or after that date of an instrument made, granted or issued by virtue of that

first-mentioned section before that date.

4. Section 14 of the Principal Ordinance is amended—

(a ) by omitting the definition of "Lake Burley Griffin" and substi­ tuting the following definition:

" 'Lake Burley Griffin' means Lake Burley Griffin as defined

in the Lakes Ordinance 1976;"; and

(b) by omitting the definitions of " 'Territory' or 'Territory of Australia ' " and " 'Territory of the Commonwealth ' or 'Terri­ tory under the authority of the Commonweal th ' " and substitut­ ing the following definition:

" 'Territory', 'Territory of the Commonwealth ' , 'Territory under the authority of the Commonweal th ' or 'Territory of Australia' means—

(a)	a Territory referred to in section 122 of the Constitution; and
(b)	a Territory administered by the Commonwealth under a Trusteeship Agreement;" .

5. After section 14A of the Principal Ordinance the following section

is inserted:
" 14B. In an Ordinance, unless the contrary intention appears, where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings.".
6. Section 16 of the Principal Ordinance is repealed and the follow­ ing section substituted:
" 1 6 . In an Ordinance, unless the contrary intention appears, a
reference to a Judge, or the Judge, of the Supreme Court shall be read as

a reference to a Judge (including the Chief Judge) appointed under sub­

section 7 ( 1 ) of the Australian Capital Teritory Supreme Court Act 1933,

and includes an additional Judge appointed under sub-section 7 ( 2 ) of

that Act.".

7. Section 19 of the Principal Ordinance is amended by inserting in

paragraph (a) " , and words importing the feminine gender include
males " after " females ".

8. Section 23 of the Principal Ordinance is amended—

(a) by omitting the definition of " the Minister" in sub-section ( 1 ) and substituting the following definition:

" ' the Minister' means—

(a)	the Minister for the time being administering the Ordinance or enactment in which, or in respect of which, the expression is used; or
(b)	if, for the time being, different Ministers are administering that Ordinance or enactment in different respects, each of those Ministers to the extent that he is administering that Ordinance or enactment in the relevant respect,

and includes a Minister or member of the Executive Council for the time being acting for and on behalf of that Minister or each of those Ministers."; and

(b) by omitting sub-section (2) and substituting the following sub-section:

" ( 2 ) In an Ordinance, unless the contrary intention appears, a reference to a particular Minister of State shall be read as in­ cluding a reference to a Minister or a member of the Executive Council for the time being acting for and on behalf of that Minister.".

9. Section 50 of the Principal Ordinance is amended—

(a)	by inserting in paragraph ( 1 ) ( a ) " o r places ' ' after " place' ' ;
(b)	by inserting after sub-section ( 1 ) the following sub-sections:

" ( l A ) Where a notice of the making of regulations is published in accordance with sub-section ( 1 ) , copies of the regu­ lations shall, at the time of publication of the notice or as soon as practicable thereafter, be made available for purchase at the place, or at each of the places, specified in the notice.

" ( I B ) Where, on the date of publication of a notice referred

to in sub-section ( lA) , there are no copies of the regulations to which the notice relates available for purchase at the place, or at one or more of the places, specified in the notice, the Minister of State for Administrative Services shall cause to be laid before each House of the Parliament, within 15 sitting days of that House after that date, a statement that copies of the regulations were not so available and the reason why they were not so available.

" (1C) Failure to comply with a requirement of sub-section ( lA) or (IB) shall not be taken to constitute a failure to comply
with sub-section (1 ) . " ;	and
(c)	by omitting from sub-section (2) "the last preceding sub­ section" and substituting "paragraph (1) ( a ) " .

10. The Principal Ordinance is amended by omitting the Schedule and substituting the Schedule set out in Schedule 1.

11. The Principal Ordinance is amended as set out in Schedule 2.

SCHEDULES

S C H E D U L E 1 Section 10

T H E S C H E D U L E Section 14

C O M M O N W E A L T H C O U N T R I E S

Commonweal th of the Bahamas
People's Republic o f Bangladesh
Barbados
Repu blic o f Botswana
Canada
Republic o f Cyprus
Commonweal th of Dominica
Fiji
Republic o f the Gambia
Republic o f Ghana
Grenada
Republic o f Guyana
Republic o f India
Jamaica
Republic of Kenya
Kingdom of Lesotho
Republic of Malawi
Malaysia
Republic o f Malta
Mauritius

Republic o f Nauru

N e w Zealand

Federal Republic o f Nigeria
Papua N e w Guinea
Republic of Seychelles
Republic o f Sierra Leone

Republic of Singapore

So lomon Islands

Republic o f Sri Lanka Kingdom of Swaziland United Republic o f Tanzania

Kingdom of Tonga
Republic o f Trinidad and Tobago
Tuvalu
Republic o f Uganda
United Kingdom of Great Britain and Northern Ireland
Independent State o f Western Samoa

Republic of Zambia

S C H E D U L E 2 Section 11

Provision	Amendment
Section 14	Omit "twelve months ending on the thirtieth day of June" from the definition of "financial year", substitute " 12 months ending on 30 June".

Sub-section 32 (1)	. . .	(a)	Omit from paragraph (a) "six months—Two hundred dol­ lars", substitute"6 months—$200".
(b)	Omit from paragraph (b) "exceeds six months but does not exceed one year—Four hundred dollars", substitute "exceeds 6 months but does not exceed 1 year—$400 ".
(c)	Omit from paragraph (c) "exceeds one year but does not exceed two years—One thousand dollars", substitute "exceeds 1 year but does not exceed 2 years—$1,000".
(d)	Omit from paragraph (d) "two years-Two thousand dol­ lars", substitute "2 years-$2,000' ' .

Section 43 Omit "ofthis Ordinance" (wherever occurring).

Sub-section 49 (1 ) . . . Omit "of this Ordinance "(first occurring).

N O T E S

1. Notified in the Commonwealth of A ustralia Gazette o n 2 1 March 1979.

2.     Ordinance N o . 48, 1967 as amended by Nos . 18 and 42 ,1972; No . 23, 1973; No . 6, 1975; N o . 30, 1976; N o . 24, 1977; and N o . 46, 1978.