Language of Acts Act 1872 (SA)

ANNO TRICESIMO QUINTO ET TRICESIMO SEXTO

VICTORIB REGINB.

A.D. 1872.

No* 9.

An Act f o ~ shortening and explai~ziry the La?$guage used in Acts of

Padiamen t, and for other purposes.

[Assented to, 26th June, 11372.1

4 AS, for facilitating legislation, and in order to avoid

TVHEKE in certain respects to determine their construction, it is expedient to repetition, to shorten the language to be used in Acts, and	comprize in dne Act various directions, provisions, and d&clarations
--Be it therefore Enacted, by the Governor of the Province of
South Australia, with the advice and consent of the Legislative Council and IIouse of Assembly of thc said Province, in this present Parliament asscnibled, as follows:

I of semian.

1. Ordinances No. 1 and No. 2 of the sixth and seventh years of Repeal of Ordinancm Noe. 1, and 2, 6 and

the reign of Her present Majesty are hereby repealed. 7 Vic.

2. "Act" shall include all Acts or Ordinances duly made and Inter~retationo~ word "Act!'

passed by the Parliament of South Australia, or by any Assembly, Council, or Chamber heretofore having authority or power to make and pass laws in the said Province, the same having been assented

B to by, or on behalf of, Her Majesty.

3. In all questions as to the applicability of any laws or statutes A ~ ~ l i c ~ t i o n o f W ~ h Laws.

of England to the Province of South Australia, the said Province Eatablishmeat of

shall be deemed to have been established on the twenty-eighth ~ ~; ~ 2 2 ~ &

day of December, one thousand eight hundred and thirty-six.

4. This Act, and every other Act to be passed by the Legislature Ads may be Jtered or repealed in ~ a m e

35" & 36" VICTORIB, No. 9. 29

*

The Language of Acts Act.-1872.

the Governor, or officer la~ful ly administering the Government of

the said Province for the time being respectively.

14. Every Act reserved for the signification of Her Majesty's Commencement of

pleasure thereon, shall comnlence on the day on which the fkct ~ c t s nification reserved of Queen's for sig-

of the Royal assent shall be proclaimed by the Governor in the pleasure.

South Australian Government Gazette, or on such day thereafter (if

any) as the Act itself may have prescribed.

15. When the term " Governor-in-Chief," " Governor," or Lieu- AB to term

" Governor-is-Chief,"

tenant-Goverxlor" shall occur in any Act, it shall mean the Gover- &,

nor of the said Province, or the Officer Administering the Govern-

ment thereof, unless there be anything in such Act showing a

contrary iut ention.

16. Whenever in any Act, made and passed after the corn- ~ctsanthorieedto be

mencement of this Act, the Goveruor is authorized to do any act, done by the Governor,

matter, or thing, it shall mem that the same shall be done with the of Executive C

advice and consent of the Executive Co~~ncil, unless there be Council.

anything in such Act showing a contrary intention. &L c;/&.-.cI'~~'~- & * 78-5

to oftice of a

17. Every Act of Parliament relating to the office of a public Act public functionary,

functionary shall alike apply t o every person or number of persons applicable to persona

for the time being executing the duties of that office, by whatsoever

in 8uc-

name such persons shall be styled, alid whether or not they be

specially mentioned.

18. TVhenever, by Act of Parliament, power shall be given to Powcrofappointment

Her Majesty, to the Gover~~or, or to any officer or person to make ~ ~ n & ~, ", " ~ V ~ p l i e s

appointments to any office or place, unless such Act shall other- exermse.

wise direct, it shall irnply that such power shall be capable of

being exercised from time to time as occasion may require, and that

the party appointing shall have authority to suspknd or remove the su~~enaion.

person appointed, as circumstances may require, and to appoint, BernoPaL

temporarily or permanently, another in his stead, and in like man-

ner to appoint another in the place of m y deceased, sick, or absent

holder of such appointment.

19. Power given to do or submit to any matter or thing shall be powers may be exer-

capaMc of being exercised from time to time as occasion may time,

c m 2 from time to

rcquirc, unlem the naturc of the words used or the thing itself shall

indicate a contrary intention.

20. Where power shall be given to the Governor, or to anv Powertomakerulas.

Council, ~ o a r d; Corporation, officer, or person to makk any rule;, ~ ~ ~ ~ ~ l ~ r ~ ~ ~ ~ ~ ~ ' ~

alteration. vary the same from time to time, unless the terms used, or the nature and object of the power shall indicate that it is intended to

orders, or regulations, it shall be implied that such Governor, and

be exercised, either finally in the first instance or only under certain

restrictions.

35" & 36" VTCTORIB, No. 9 '

I The Language of Acts Act.-1872.

Evident:: may be

taken on oath by 21. Any court, judge, officer, commissioner, arbitrator, or

rators	other person authorized hy law to hear and determine any matter
. r i o qP	or thing, shall have authority to receive and examine evidence, and
to administcr an oath to, or take an afliirmation from, any mit-
ness.

<

1

Meaning of words 22. In all Acts the words "oath," :' swcar," and " nffi~iavit," shall

c r oath; L & B W C ~ T; .

and U affidavit!'

include afirmation: declaration, affirming, and declaring, in the case

of persons by law allowed to declare or affirm instead of swearing.

+ &,. r(rd'&)-7~ ,S 4

Fa'm eliiLnce under

oath or affirmation, 23. Every person who, upon exanhation upor1 oath or affirnia-

perjury.	tion, under the provisions of any Act, sl~all wilfully and corruptly
b wive false evidence, shall be liable to' the penalties of wilful and
corrupt perjmry.
Penalties, how ro-
coverable.	24. When in any Act a fine or penalty is imposed, and no means is thereby given for the recovcry of the same, the same may be recovered before two or more Justiccs of the Peace in the manner provided by Ordinance No. 6 of 1850, or by any otlicr Ordi~lance
or Act for the time being in force for fhcilitsting the performance of the duties of Justices of the Peace with respect to suiumnry con- victions and order s.

Summary jurisdiction 25.

Wlienever by any Act any penalty shall be inride recoverable bcforc or be authorized to be awarded by one or more Justices, or they or any of them shall be empowered to hear or determine, or to make an order, or to exercise any judicial fuuction, such Act shall be taken to empower such Justices to sdjnclicate, order, ancl act therein accordingly, in a s ~ i m r ~ ~ a r y way, undcr the provisions of Ordinauce

boforo Justices.

NO. G of 1860.	No. 6 of 1350, or any other Ordinance or Bet for the time being in force for facilitating the perfurmauce of the duties of Jubtices of the Peace with respect to summary convictio~~s and orders; and to have enacted that no conviction, ordcr, or judgment macle by my Justices, under the authority of snch Ortlinr~oce or Act, shall be
cwtiorm i.	void or quaslicd for want of form, or removnblc by certiorari or otl~erwisc than as in the Ordinance or Act referred to is provided.
Penalties to be paid	26. Whenever any penalty shall be imposed or authorized to be awarded by any Act, it shall be taken to provide that the same, when recovered or levied, shall be paid to the Treasurer for the public uses of the said Province, ur~iess such Act s l d l otherwise direct.
into Treasury.
Pennlties, how rc-
covertitle.	27. Any fine, penaltjy, or forfeiture so imposed may bbc sued or proceeded for by any person, unless by the imposing Act the r i ~ h t to sue or proceed shall be given to any officer or person by desig- nation or name.
Bfcaning of word

"month." 28. Whenever the word 'c ponth" shall occur in any Act, it shall

L + mean a calendar month, unleas words be added showing a lunar

pp

35" & 36" VICTORIX, No. 9.

The Languaye of Acts Act.-1872.

a particular thing shall in all cases be taken to exclude the day of thing. 29. The time prescribed or allowed in any Act for the doing of Timc for doing a

/ Q . ,?cr.r3

the act or event from or after which the time is to be reckoned, but shall include the day for doing of that thing: Provided that where that day falls on a Sunday, or on Christmas Day, or Good Sunda~,	Day, Good Friday.	Christmas
Friday, or a pnblic holiday notified in thc South Australian Go- vernment Gazette, the thing may be done on the day following; where no time be specified for doing a thing? it shall be done with all convenient speed, as often as the prescribed occasion shall arise.

_=),,&a .4z6 &'&9s. B

30. Distance meutioiled or irld'icated in an Act shall bc computed Distance.

according to the nearest r& ordinarily

measurement in ,z direct line be expressed,

be rendered necessary by the context. fLt -U

31. Evcry Proclamation or Order by the Governor in Council, Proclamations and

and every act, matter, or thing whereof notification in the South f ~ E ~ d $ ~ ~ $ O v g d

Australiar~ Government Gazette, Gover?lment Gazette, or Gazette, Gazette.

whether before or after thc passing of this Act, shall havc been or may bc directed, if required, whcn so published, sllall be judicially taken notice of without f i ~ r t h r evidence than the production of ,z copy of the South Austrnlian Government Ga.zetfe.

32. Where, in any Act passed after the present fjession, a power The word "mag'. to

is conferred on any oficer or person by the word " may,." such imp0rt discretion- word shall be taken to import that the power may be exercisrd or ,,	to	im.
not, at discretion; where the word " shall " is applied to the perative. exercise of any such power, the construction shall be that the power conferred must be exercised.

33. In any Ordinance or Act heretofore passed, or hereafter t

.&e , passed, unless - there --m is something in the context re- to

such construction, every worxPor t i ng. the mitscnline gender or inclw~e feminine and

singular nuniber shall be construed to include feminine and

plural respectively, and vice versa, and bodies and corporate

as well as individuals, and the word '' p	&	" shall include a co	~	~	~	~
poration.

-A 6&c

34. This Act shall commence and take cffcct from and imme- o,,, ,e,t , , , , ot df6

diately after the first day of January, one thousand eight hundred Act.	~y,
and seventy-three.

In the name and on behalf of the Queen, I hereby

assent to this Bill

W

Adelaide : By authority, W. C. Cox. Government Printer. North-terraoe.