Acts Interpretation Act 1963

Legislation au C1963A00019 Not in force Act

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ACTS INTERPRETATION.

 

No. 19 of 1963.

An Act to amend the Acts Interpretation Act 1901—1957, and for purposes connected therewith.

[Assented to 28th May, 1963.]

[Date of commencement, 25th June, 1963.]

BE it enacted by the Queen’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 1963.

(2.) The Acts Interpretation Act 1901-1957 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Acts Interpretation Act 1901-1963.

2. After section thirty-four a of the Principal Act the following section is inserted:—

Presentation of papers to the Parliament

“34b.—(1.) Where, by an Act or a law of a Territory, provision is made requiring or permitting the presentation (however expressed) of a paper to the Parliament or to both Houses, or to each or either House, of the Parliament, it is sufficient compliance with the provision, in relation to a House, if—

(a) the paper is presented in that House in accordance with the rules or orders of the House or, if, under the rules or orders of the House, papers are deemed to be presented to the House if they are delivered to the Clerk of the House and recorded in the records of the proceedings of the House, the paper is so delivered and recorded;

(b) where the provision provides for a specified person to present the paper or to cause the paper to be presented—that person, or any other person who could by virtue of this Act or of any other Act, or of a law of a Territory, act in the place of that


person, makes or causes to be made, as the case may be, the presentation or the delivery of the paper referred to in the last preceding paragraph; and

(c) where the provision specifies a period within which the paper is to be presented—the presentation, or the delivery and recording, of the paper referred to in paragraph (a) of this sub-section takes place within that period.

“(2.) In this section, ‘paper’ includes—

(a) an ordinance, rule, regulation or by-law;

(b) a report; and

(c) any other document or instrument whatsoever.”.

Citation of Acts.

3. Section forty of the Principal Act is amended by omitting paragraph (b) of sub-section (1.) and inserting in its stead the following paragraph:—

“(b) any Imperial Act may be cited by its short title (if any) or in such other manner as is sufficient in an Imperial Act; and”.

Regulations.

4. Section forty-eight of the Principal Act is amended by omitting sub-sections (4.) and (5.) and inserting in their stead the following sub-sections:—

“(4.) If either House of the Parliament, in pursuance of a motion of which notice has been given within fifteen sitting days after any regulations have been laid before that House, passes a resolution disallowing any of those regulations, any regulation so disallowed shall thereupon cease to have effect.

“(5.) If, at the expiration of fifteen sitting days after notice of a motion to disallow any regulation has been given in a House of the Parliament, being notice given within fifteen sitting days after the regulation has been laid before that House—

(a) the notice has not been withdrawn and the motion has not been called on; or

(b) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of,

the regulation specified in the motion shall thereupon be deemed to have been disallowed.

“(5a.) If, before the expiration of fifteen sitting days after notice of a motion to disallow any regulation has been given in a House of the Parliament—

(a) that House is dissolved or, being the House of Representatives, expires, or the Parliament is prorogued; and


(b) at the time of the dissolution, expiry or prorogation, as the case may be—

(i) the notice has not been withdrawn and the motion has not been called on: or

(ii) he motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of,

the regulation shall, for the purposes of the last two preceding sub-sections, be deemed to have been laid before that House on the first sitting day of that House after the dissolution, expiry or prorogation, as the case may be.”.

Disallowed regulations not to be re-made unless resolution rescinded or House approves.

5. Section forty-nine of the Principal Act is amended by omitting from paragraph (b) of sub-section (1.) the word “resolution” (first occurring) and inserting in its stead the word “motion”.

Sections 48 and 49 of Principal Act to continue in force in relation to certain regulations.

6. Notwithstanding the amendments made by the last two preceding sections, sections forty-eight and forty-nine of the Principal Act continue to apply in relation to notice of a motion to disallow a regulation given before the commencement of this Act.

Overview

The Acts Interpretation Act 1963 was enacted by the Parliament of the Commonwealth of Australia to amend the Acts Interpretation Act 1901-1957 and address issues related to the interpretation and citation of Acts, as well as the disallowance of regulations. This Act introduced amendments to the presentation of papers to Parliament, the citation of Acts, and the disallowance process for regulations. By modifying the procedure for presenting papers to Parliament and updating the rules for citing Acts, this legislation aimed to streamline the legislative process and ensure consistency in the interpretation and application of Acts. Furthermore, it revised the process for disallowing regulations to provide greater clarity and efficiency in the legislative oversight of regulations made under Acts. The policy objective of this Act is to enhance the clarity, accessibility, and effectiveness of the legislative process by addressing procedural aspects of Acts interpretation and regulation management. The amendments introduced by the Acts Interpretation Act 1963 reflect a commitment to improving the administration of the Commonwealth's legislative framework and ensuring that laws are applied consistently and effectively across various jurisdictions.

Scope and Application

The Acts Interpretation Act 1963 applies to the Commonwealth of Australia, amending the Acts Interpretation Act 1901-1957 to enhance the procedures for presenting papers to the Parliament and the citation of Acts. This Act applies to all persons and entities required to present documents to the Parliament or its Houses, ensuring that such presentations comply with the prescribed rules and orders of the respective Houses. The geographic scope of this Act is limited to the Commonwealth jurisdiction. The Act does not provide for specific exclusions or exemptions but outlines processes for disallowing regulations through the Houses of Parliament. Additionally, the Act allows for the extension or restriction of its application through subordinate instruments, which may further define the procedural requirements for the presentation of papers and the citation of Acts. The amendments introduced by the Act streamline the process of disallowing regulations by providing clear timelines and conditions under which regulations can be disallowed, thereby ensuring legislative efficiency and clarity in parliamentary procedures.

Key Provisions

The Acts Interpretation Act 1963 (C1963A00019) amends the Acts Interpretation Act 1901-1957, introducing changes to the procedures and rules governing the presentation of papers to Parliament and the citation of Acts. Under section 34b (inserted after section 34a of the Principal Act), it is sufficient for a paper to be presented to Parliament if it is delivered to the Clerk of the House and recorded in the records of the House’s proceedings, as per the rules or orders of the House. This applies to any document or instrument, including ordinances, rules, regulations, by-laws, and reports. Section 3 modifies the citation of Imperial Acts, allowing them to be cited by their short title or in another manner sufficient in an Imperial Act. The Act imposes obligations on the parties or entities it governs by specifying the procedures for presenting papers to Parliament. It also outlines the rules for citing Acts and the conditions under which regulations may be disallowed by either House of Parliament. According to section 48, if either House passes a resolution to disallow a regulation within fifteen sitting days after it has been laid before that House, the regulation ceases to have effect. Section 49 further stipulates that if a motion to disallow a regulation is not withdrawn or disposed of within fifteen sitting days after notice has been given, the regulation is deemed to have been disallowed. The Act outlines penalties and consequences for non-compliance with its provisions. Disallowed regulations cannot be re-made unless a resolution is rescinded or a House approves. Additionally, sections 48 and 49 continue to apply to motions to disallow regulations given before the Act's commencement. This ensures consistency in the application of the Act's provisions to existing regulations.

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Area of Law
Statutory Interpretation
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Delegated & Subordinate Legislation
Parliamentary Oversight
Disallowed regulations not to be re-made unless resolution rescinded or House approves

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.