ACTS INTERPRETATION.
No. 23 of 1930.
An Act to amend the Acts Interpretation Act 1901–1918 and the Acts Interpretation Act 1904–1916.
[Assented to 14th August, 1930.]
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 1930.
(2.) The Acts Interpretation Act 1901–1918, as amended by this Act, may be cited as the Acts Interpretation Act 1901–1930.
(3.) The Acts Interpretation Act 1904–1916, as amended by this Act, may be cited as the Acts Interpretation Act 1904–1930.
Regulations.
2. Section ten of the Acts Interpretation Act 1904–1916 is amended by omitting from paragraph (c) the words “both Houses of the Parliament within thirty days of the making thereof, or, if the Parliament is not then sitting, within thirty days after the next meeting of the Parliament.”, and inserting in their stead the words “each House of the Parliament within fifteen sitting days of that House after the making of the regulations.”.
Construction of Acts to best subject to Constitution.
3.—(1.) After section fifteen of the Acts Interpretation Act 1901–1918 the following section is inserted:—
“15a. Every Act, whether passed before or after the commencement of this section, shall be read and construed subject to the Constitution, and so as not to exceed the legislative power of the Commonwealth, to the intent that where any enactment thereof would, but for this section, 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.) This section shall not commence until a date to be fixed by Proclamation.
Definitions.
4. Section seventeen of the Acts Interpretation Act 1901–1918 is amended by adding at the end thereof the following definition:—
“(p) ‘Territory of the Commonwealth’ or ‘Territory under the authority of the Commonwealth’ includes any Territory governed by the Commonwealth under a Mandate.”.
5. After section nineteen of the Acts Interpretation Act 1901-1918 the following section is inserted:—
Administration of Acts.
“19a. Where in any Act, whether passed before or after the commencement of this section, it is provided that the Act shall be administered by a specified Minister of State of the Commonwealth, or shall be administered, controlled or carried into effect by a specified Department of State of the Commonwealth—
(a) the reference to that Minister shall be read as a reference to any Minister to whom the administration of the Act is allotted by order of the Governor-General and shall be deemed to include any Minister or Member of the Executive Council for the time being acting for and on behalf of the Minister to whom the administration of the Act is so allotted; and
(b) the reference to that Department shall be read as a reference to any Department to which the administration of the Act is allotted by any such order.”
Expressions in instrument under an Act.
6. Section thirty-two of the Acts Interpretation Act 1901–1918 is amended by inserting at the end thereof the following sub-section:—
“(2.) Where an Act confers power to make, grant or issue any instrument (including rules, regulations or by-laws) and expressions which are defined in this Act are contained in the instrument, the provisions of this Act shall apply to the interpretation of those expressions.”.
Overview
The Acts Interpretation Act 1930 was enacted to amend the Acts Interpretation Act 1901–1918 and the Acts Interpretation Act 1904–1916, thereby providing a more contemporary framework for interpreting Commonwealth legislation. The Act was designed to address the need for clearer and more flexible interpretation rules that align with the Constitution and the evolving legislative power of the Commonwealth. The Act was enacted by the Australian Parliament, consisting of the King’s Most Excellent Majesty, the Senate, and the House of Representatives. The primary policy objective of this legislation is to ensure that all Acts are read and construed in a manner that respects the Constitution and does not exceed the legislative power of the Commonwealth.
Scope and Application
The Acts Interpretation Act 1930 applies to all Acts passed by the Commonwealth Parliament, both before and after its enactment, and mandates that they be read and construed in accordance with the Constitution to ensure they do not exceed the legislative power of the Commonwealth. This Act also extends to the administration of Acts by specifying that any references to a named Minister or Department in an Act should be interpreted to mean any Minister or Department to whom or which the administration has been allotted by the Governor-General's order. The Act's definition of "Territory of the Commonwealth" is broadened to include any Territory governed by the Commonwealth under a Mandate, thereby enhancing its jurisdictional reach. Additionally, the Act specifies that expressions defined within it apply to the interpretation of any instrument created under an Act, providing clarity and consistency in legal interpretation across various legislative instruments.
Key Provisions
The Acts Interpretation Act 1930 makes several key amendments to the Acts Interpretation Act 1901–1918 and the Acts Interpretation Act 1904–1916. Section 1 provides that the Act may be cited as the Acts Interpretation Act 1930, while the amended Acts may be cited as the Acts Interpretation Act 1901–1930 and Acts Interpretation Act 1904–1930 respectively. Section 2 alters the process for the approval of regulations by requiring each House of Parliament to approve regulations within fifteen sitting days of the House, rather than thirty days after Parliament next meets. Section 3 mandates that all Acts, regardless of when they were passed, must be construed in a way that does not exceed the legislative power of the Commonwealth, and that any Act that exceeds this power will still be valid to the extent that it does not exceed it. Section 4 defines 'Territory of the Commonwealth' to include any Territory governed by the Commonwealth under a Mandate. Section 5 allows for the administration of Acts to be assigned to different Ministers or Departments by order of the Governor-General. Section 6 provides that where an Act confers power to make instruments containing defined expressions, the provisions of the Acts Interpretation Act 1901–1918 apply to the interpretation of those expressions.
The Act imposes obligations on the parties it governs, primarily in terms of the interpretation of Acts and the administration of those Acts. Section 3 requires that all Acts be construed in a way that does not exceed the legislative power of the Commonwealth, and that any Act that exceeds this power will still be valid to the extent that it does not exceed it. Section 5 allows for the administration of Acts to be assigned to different Ministers or Departments by order of the Governor-General. Section 6 provides that where an Act confers power to make instruments containing defined expressions, the provisions of the Acts Interpretation Act 1901–1918 apply to the interpretation of those expressions.
There are no specific offences, penalties, or consequences for breach outlined in the Act. However, the Act does provide for the validity of Acts that exceed the legislative power of the Commonwealth, to the extent that they do not exceed it. The Act also provides for the interpretation of defined expressions in instruments made under an Act, and for the administration of Acts to be assigned to different Ministers or Departments by order of the Governor-General.