Daylight Saving Act 1916

Legislation au C1916A00040 Not in force Act

Legislation content

DAYLIGHT SAVING.

 

No. 40 of 1916.

An Act to promote the Earlier Use of Daylight in Certain Months Yearly, and for other purposes.

[Assented to 21st December, 1916.]

BE it enacted by the Kings Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the Daylight Saving Act 1916.

Commencement and duration.

2. This Act shall commence on a day to be fixed by Proclamation and shall continue in force for the duration of the war, and six months thereafter, but no longer.

Definitions.

3. In this Act unless the contrary intention appears Standard time means in the case of any State or Territory being part of the Commonwealth the standard time in that State or Territory. Australian clock time means in the case of any State or Territory being part of the Commonwealth the time to be observed in that State or Territory as prescribed by this Act.

Australian clock time to be in advance of standard time during certain months.

4.—(1.) Notwithstanding anything contained in any Act or State Act, from the hour of two in the morning of the day upon which this Act commences until the hour of two in the morning of the last Sunday in March next following that day, and thereafter from the hour of two in the morning of the last Sunday in September in each year until the hour of two in the morning of the last Sunday in March in the next following year, Australian clock time shall, as regards each State and each Territory being part of the Commonwealth, be one hour in advance of standard time.

(2.) In this section the expression the hour of two in the morning means that hour as determined by standard time.

Construction of expression of time in Acts, State Acts, &c.

5. Notwithstanding anything contained in any Act, State Act or Ordinance, whenever any expression of time occurs in any Act, State Act. Ordinance, Order in Council, Rule, Regulation, By-law, Contract (written or verbal) or Deed, or in any instrument whatsoever, and whenever doing or not doing anything at a certain time of day or night, or during a certain part of the day or night has an effect in law. such time, with respect to any period during which Australian clock time is declared by this Act to be in advance of standard time, shall (unless it is otherwise specifically stated) be held to be Australian clock time.

Act not to affect use of standard time for certain purposes.

6. Nothing in this Act shall affect the use of standard time for the purposes of astronomy, meteorology or navigation, or affect the construction of any document mentioning or referring to time in connexion with any such purpose.

 

Overview

The Daylight Saving Act 1916 was enacted by the Commonwealth Parliament to address the need for energy conservation during World War I. The Act established a system of daylight saving time to promote the earlier use of daylight, thereby reducing the need for artificial lighting. The Act mandates that Australian clock time be one hour in advance of standard time during specific periods: from the second Sunday in October until the second Sunday in March each year. This adjustment applies to all states and territories within the Commonwealth and is intended to remain in effect for the duration of the war and for six months thereafter. The Act also includes provisions to ensure that the expression of time in various legal and contractual documents adheres to the new daylight saving time unless otherwise specified, while preserving the use of standard time for specialised fields such as astronomy, meteorology, and navigation.

Scope and Application

The Daylight Saving Act 1916 applies to all States and Territories within the Commonwealth of Australia, establishing a new timekeeping framework known as "Australian clock time" that differs from the existing "Standard time" during specified periods. This Act mandates that Australian clock time be one hour ahead of Standard time from the second Sunday in September until the last Sunday in March each year, with the Act's commencement occurring on a day specified by Proclamation and remaining in force for the duration of the war and an additional six months thereafter. The Act ensures that whenever an expression of time appears in any legislative instrument, contract, or legal document, it is construed as Australian clock time during the periods when this Act is in effect, unless otherwise explicitly stated. Notably, the Act does not interfere with the use of Standard time for astronomical, meteorological, or navigational purposes, nor does it affect the interpretation of documents referencing time in connection with these fields. This Act, therefore, imposes a standardised time adjustment across the Commonwealth to optimise daylight usage during specific months, while maintaining exceptions for critical sectors that rely on Standard time.

Key Provisions

The Daylight Saving Act 1916 (C1916A00040) primarily establishes the parameters for altering the time observed in Australia to make better use of daylight during certain months. Section 4(1) specifies that from the commencement of the Act until the last Sunday in March, and again from the last Sunday in September until the last Sunday in March the following year, Australian clock time will be one hour ahead of standard time. This adjustment is to be made at two in the morning, as determined by standard time, as outlined in Section 4(2). Section 5 clarifies that during periods where Australian clock time is in advance of standard time, any reference to time in legislation, contracts, and other documents is to be understood as Australian clock time, unless otherwise specified. The Act imposes specific obligations on various entities to ensure compliance with the adjusted clock time. Section 5 mandates that all references to time in Acts, State Acts, contracts, and other legal documents are to be interpreted as Australian clock time unless explicitly stated otherwise. This requirement ensures consistency and clarity in legal and contractual obligations during the periods of daylight saving time. Breaching the provisions of the Daylight Saving Act 1916 can lead to civil and criminal consequences. Although the Act does not explicitly outline penalties, non-compliance with the stipulated time adjustments may result in legal disputes or complications in contractual obligations, particularly in cases where time is of the essence. Additionally, the Act exempts certain professions, such as astronomy, meteorology, and navigation, from the daylight saving adjustments, as stated in Section 6, to maintain precision in their operations.

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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.