Meaning of may and must
146 Meaning of may and must
In an Act or statutory instrument, the word may, or a similar term, used in relation to a function indicates that the function may be exercised or not exercised, at discretion.
Note Function is defined in the dictionary, pt 1 to include authority, duty and power.
In an Act or statutory instrument, the word must, or a similar term, used in relation to a function indicates that the function is required to be exercised.
This section is a determinative provision so far as it applies to an applicable law or an applicable provision.
Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement.
In this section:
applicable law means an Act enacted, or statutory instrument made, after the application date.
applicable provision means a provision inserted after the application date into an Act or statutory instrument that is not an applicable law.
application date means—
for an Act, subordinate law or disallowable instrument—1 January 2000; and
for any other statutory instrument—1 January 2006.
inserted, for a provision, includes inserted in substitution for another provision.
This Act’s bill:Explanatory statementSecond reading speech
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