ACTS INTERPRETATION.
No. 4 of 1916.
An Act to amend the Acts Interpretation Act 1901 and the Acts Interpretation Act 1904.
[Assented to 30th May, 1916.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Acts Interpretation Act 1916.
(2.) The Acts Interpretation Act 1901, as amended by this Act, may be cited as the Acts Interpretation Act 1901-1916.
(3.) The Acts Interpretation Act 1904, as amended by this Act, may be cited as the Acts Interpretation Act 1904-1916.
2. After section ten of the Acts Interpretation Act 1901 the following section is inserted:—
References to amended Acts.
“10a. Where in any Act reference is made to any other Act, and that other Act is subsequently amended, then unless the contrary intention appears the reference shall, from the date of the amendment, be deemed to be to that Act as so amended.”
Amendment of s. 2 of Acts Interpretation Act 1904.
3. Section two of the Acts Interpretation Act 1904 is amended—
(a) by inserting after the words “This Act” the words “, except sections ten and eleven thereof,”; and
(b) by adding at the end thereof the words “, and sections ten and eleven shall apply to all Acts of the Parliament whether passed before or after the commencement of this Act.”
4. The Acts Interpretation Act 1904 is amended by adding at the end thereof the following section:—
Effect of repeal of Regulations.
“11. Where an Act confers power to make Regulations, the repeal of any Regulations which have been made under the Act shall not, unless the contrary intention appears in the Act or Regulations effecting the repeal—
(a) affect any right privilege obligation or liability acquired accrued or incurred under any Regulations so repealed; or
(b) affect any penalty forfeiture or punishment incurred in respect of any offence committed against any Regulations so repealed; or
(c) affect any investigation legal proceeding or remedy in respect of any such right privilege obligation liability penalty forfeiture or punishment as aforesaid;
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 or Regulations had not been passed or made.”
Overview
The Acts Interpretation Act 1916 was enacted by the Commonwealth of Australia to amend the Acts Interpretation Act 1901 and the Acts Interpretation Act 1904. The Act addresses the problem of interpreting references to amended Acts and ensuring the effect of repealed regulations is appropriately managed. This legislation was introduced by the King's Most Excellent Majesty, the Senate, and the House of Representatives, aiming to streamline the interpretation of statutes by clarifying how references to amended Acts should be understood and ensuring that the repeal of regulations does not adversely affect existing rights, obligations, or legal proceedings. The policy objective of the Act is to enhance the clarity and effectiveness of statutory interpretation in the Australian legal framework.
The Act introduces a new section to the Acts Interpretation Act 1901, specifying that references to amended Acts should be deemed to refer to the amended version unless otherwise indicated. Additionally, it amends the Acts Interpretation Act 1904 to ensure that sections ten and eleven apply to all Acts of the Parliament, regardless of their date of passage, and adds a new section addressing the effects of repealing regulations. This ensures that the repeal of regulations does not nullify existing rights, obligations, or ongoing legal proceedings, thereby maintaining legal certainty and continuity.
Scope and Application
The Acts Interpretation Act 1916 applies to the Acts Interpretation Act 1901 and the Acts Interpretation Act 1904, providing amendments to these Acts. The Act ensures that references to any amended Act are deemed to be references to that Act as amended, unless the contrary intention appears. This applies to all Acts of the Parliament, whether passed before or after the commencement of the Act. Additionally, the Act clarifies that the repeal of Regulations made under an Act does not affect any rights, privileges, obligations, liabilities, penalties, forfeitures, or punishments incurred under those Regulations, nor does it affect any ongoing investigations, legal proceedings, or remedies in respect of those rights, privileges, obligations, liabilities, penalties, forfeitures, or punishments. These provisions ensure the continued application and enforcement of rights and obligations established under repealed Regulations.
Key Provisions
The Acts Interpretation Act 1916 primarily serves to amend the Acts Interpretation Act 1901 and the Acts Interpretation Act 1904. It introduces new sections and modifies existing ones to clarify how references to other Acts should be interpreted when those Acts are amended (section 10a). Furthermore, it ensures that certain sections of the 1904 Act apply to all Acts of Parliament, regardless of when they were passed (section 3). Additionally, it adds a new section to the 1904 Act to address the effects of repealing regulations (section 11).
Under the Act, parties and entities governed by these Acts must ensure their interpretations and applications are consistent with the amendments. For instance, when an Act refers to another Act that has been amended, unless the contrary is specified, the reference is deemed to be to the amended Act (section 10a). Moreover, the obligation to apply sections ten and eleven of the 1904 Act to all Acts of Parliament means that these provisions must be considered in all relevant legal contexts, whether the Acts in question were passed before or after the commencement of this Act (section 3). Furthermore, entities must understand that the repeal of regulations under an Act does not affect rights, obligations, or penalties accrued under those regulations unless explicitly stated otherwise (section 11).
Breaches of the provisions in this Act could lead to legal complications, particularly in the interpretation and application of references to amended Acts and the effects of repealing regulations. While the Act itself does not explicitly detail specific offences, penalties, or consequences for non-compliance, the misinterpretation of its provisions could result in legal disputes. For instance, if an entity fails to recognise that a repealed regulation still has effect under certain conditions, it might face penalties or liabilities that it would not have incurred had it correctly applied the Act. Additionally, courts may impose penalties or sanctions in cases where the misinterpretation of amended references or repealed regulations leads to significant legal or administrative errors. The exact penalties would depend on the context and the specific legal framework governing the case in question.