Acts Interpretation Amendment Act 1984
No. 27 of 1984
TABLE OF PROVISIONS
Section
1. Short title, &c.
2. Application
3. Meaning of “commencement”
4. Insertion of new sections—
8a. Implied repeals, &c.
8b. Effect of expiration of Act
8c. References to part of an Act
5. Insertion of new section—
10a. References to amended or re-enacted laws of States and Territories
6. Regard to be had to purpose or object of Act
7. Insertion of new section—
15ab. Use of extrinsic material in the interpretation of an Act
8. Insertion of new section—
15c. Jurisdiction of courts
9. Mention of an officer in general terms
10. Meaning of certain words
11. Repeal of section 23 and substitution of new section—
23. Rules as to gender and number
12. Corporation liable to and may sue for penalties
13. Repeal of section 25 and substitution of new sections—
25. References to writing and documents
25a. Production of records kept in computers, &c.
25b. Alterations of names and constitutions
25c. Compliance with forms
25d. Content of statements of reasons for decisions
25e. Attainment of particular age
14. Judicial definitions
15. Insertion of new section—
28a. Service of documents
16. Exercise of powers and duties
17. Insertion of new section—
34aa. Delegations
18. Insertion of new sections—
45a. Effect of alterations in penalties
45b. Continuing offences
19. Construction of rules, regulations and by-laws
Acts Interpretation Amendment Act 1984
No. 27 of 1984
An Act to amend the Acts Interpretation Act 1901
[Assented to 15 May 1984]
[Date of commencement 12 June 1984]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Short title, &c.
1. (1) This Act may be cited as the Acts Interpretation Amendment Act 1984.
(2) The Acts Interpretation Act 19011 is in this Act referred to as the Principal Act.
Application
2. Except as otherwise provided by this Act, the amendments made by this Act apply in relation to all Acts whether passed before or after the commencement of this Act.
Meaning of “commencement”
3. Section 3 of the Principal Act is amended by omitting sub-section (1) and substituting the following sub-section:
“(1) In every Act, ‘commencement’, in relation to an Act or a provision of an Act, means the time at which the Act or provision comes into operation.”.
4. After section 8 of the Principal Act the following sections are inserted:
Implied repeals, &c.
“8a. A reference in section 7 or 8 to the repeal of an Act or of a part of an Act includes a reference to—
(a) a repeal effected by implication;
(b) the abrogation or limitation of the effect of the Act or part; and
(c)…
Overview
The Acts Interpretation Amendment Act 1984 (No. 27 of 1984) was enacted to amend the Acts Interpretation Act 1901, aiming to address various issues related to the interpretation and application of legislative provisions. The Act was assented to on 15 May 1984 and commenced on 12 June 1984. It was passed by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia. The Act seeks to streamline the interpretation of statutes by clarifying definitions, providing rules for the use of extrinsic material, and addressing issues related to the application and effect of legislative provisions. This amendment aimed to ensure that legislative provisions are interpreted in a manner consistent with their purpose and object, while also updating definitions and procedures to reflect contemporary practices and technology.
Scope and Application
The Acts Interpretation Amendment Act 1984 applies to all Acts whether they were passed before or after the commencement of this Act, thereby extending its scope to the entire legislative framework within the Commonwealth of Australia. This legislative amendment Act addresses various aspects of statutory interpretation, providing clarity and consistency in the application of laws across different jurisdictions. Notably, it alters the definitions of terms such as "financial year," "calendar month," and "calendar year," and clarifies the inclusion of companies, corporations, and bodies corporate within the scope of "persons" when referred to in an Act. The Act also modifies rules regarding gender and number in statutory language, specifies penalties for corporate offences, and provides guidelines for the production of digital records, alterations of names and constitutions, and the service of documents. Furthermore, it allows for the use of extrinsic materials in interpreting the meaning of provisions in an Act and delineates the jurisdiction of courts in matters explicitly or implicitly authorized by an Act. This amendment Act ensures that legislative intent is more accurately realised and that statutory interpretation adheres to a coherent framework that considers both the letter and spirit of the law.
Key Provisions
- The Acts Interpretation Amendment Act 1984 (C2004A02891) introduces significant changes to the Acts Interpretation Act 1901 by amending its provisions. The key operative sections of the Amendment Act include the insertion of new sections and the modification of existing ones to refine the interpretation and application of laws. For instance, Section 15ab allows for the consideration of extrinsic material in interpreting an Act, provided it assists in determining the meaning of the provision without leading to absurd or unreasonable results. The Act also expands the definition of "document" to include electronic records (Section 25a), and clarifies that references to an office or body under a former name or constitution continue to be valid unless the contrary intention appears (Sections 25b and 25c).
- The Amendment Act imposes several obligations on parties and entities it governs. For example, Section 28a specifies methods for serving documents on individuals and corporations, while Section 34aa expands the scope of delegation powers to include any person holding a specified office or position. Moreover, the Act mandates that courts consider extrinsic materials in interpreting statutes, subject to certain constraints (Section 15ab). Additionally, Section 45a and Section 45b address the application of penalties and the continuation of obligations despite the expiration of specified time periods, respectively.
- Violations of the provisions within this Amendment Act can result in various civil or criminal consequences. For instance, the penalties for corporate offences are increased significantly, with fines ranging from $5,000 for minor infractions to $100,000 for serious violations (Section 24). Non-compliance with specific requirements, such as producing documents or serving notices, can lead to legal repercussions. The Act also stipulates that any failure to comply with the prescribed forms or deadlines can have continuing legal effects, emphasizing the importance of adhering to the legislative mandates (Sections 25c and 45b). The precise enforcement and application of these penalties and consequences are subject to the specific provisions of the affected Acts and the judicial discretion in individual cases.
- Area of Law
- Statutory Interpretation
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Repeal & Amendment
- Reporting & Disclosure Obligations
- Regulatory Standards
- Exemptions & Exclusions