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This Act is the Legislation Act 2001.
The dictionary at the end of this Act is part of this Act.
The dictionary at the end of an Act usually defines certain terms used in the Act, and includes references (signpost definitions) to other terms defined elsewhere in the Act. However, in this Act the dictionary is divided into 2 parts.
Pt 1 defines terms commonly used in Acts (including this Act) and statutory instruments. For example, because of the definition ‘calendar month means one of the 12 months of the year.’, the term ‘calendar month’ has the defined meaning wherever the term is used in an Act or statutory instrument unless the Act or instrument provides otherwise or the contrary intention otherwise appears (see s 144 and s 155).
Pt 2 defines certain terms used in this Act. For example, the signpost definition ‘administrator, for part 19.5 (Service of documents)—see section 246.’ means that the term ‘administrator’ is defined in s 246 for this Act, pt 19.5. A definition in pt 2 applies to all of this Act unless the definition, or another provision of this Act, provides otherwise or the contrary intention otherwise appears (see s 155 and s 156 (1)).
A note included in this Act is explanatory and is not part of this Act.
Note See s 127 (1), (4) and (5) for the legal status of notes.
The main object of this Act is to make legislation more accessible.
This is to be achieved particularly by—
encouraging access to legislation through the internet, while maintaining access to printed legislation; and
restating the law dealing with the ‘life cycle’ of legislation, improving its structure and content, and simplifying its provisions where practicable; and
assisting users of legislation to find, read, understand and use legislation by—
facilitating the shortening and simplification of legislation; and
promoting consistency in the form and language of legislation; and
providing rules about the interpretation of legislation; and
facilitating the updating and republication of legislation to ensure its ready availability.
For this section, the ‘life cycle’ of legislation includes the making (where relevant), notification, commencement, presentation and disallowance (where relevant), operation, interpretation, proof, republication, amendment and repeal of legislation and instruments made under legislation.
This Act applies to all Acts (including this Act) and statutory instruments.
In particular, Acts and statutory instruments are taken to be made on the basis that they will operate in conjunction with this Act.
Examples
1 An Act imposes an obligation and provides that people who ‘fail’ to carry out the obligation are liable to the penalty. The Act does not, however, define ‘fail’ or indicate that the word is used in a special way. In accordance with this Act, dictionary, pt 1 (see s 144), the word ‘fail’ includes ‘refuse’. In other words, a person who refuses to carry out the obligation will be subject to the penalty in the same way as someone who only neglects the obligation. In this case, the presence in an Act of a word that is defined in this Act attracts the operation of the definition in the dictionary.
2 The XYZ Act 2001 contains the following provision:
The Minister may determine fees for this Act.
Because the XYZ Act authorises a fee to be determined ‘for this Act’, this Act, s 56 applies and therefore the provisions of pt 6.3 (Making of certain statutory instruments about fees) apply to the determination of fees under the provision. In this case, the operation of provisions of this Act is attracted because the XYZ Act 2001 contains a provision that triggers the application of the part.
Note The determination of a fee by a Minister under an Act is a disallowable instrument and must be in writing (see s 9 (1) (b) and s 42 (2)).
This section is a determinative provision.
See s 5 for the meaning of determinative provisions, and s 6 for their displacement.
This Act consists of determinative and non-determinative provisions.
A determinative provision is a provision of this Act that is declared to be a determinative provision.
Example
Section 4 (3) provides that s 4 is a determinative provision.
A non-determinative provision is any other provision of this Act.
Example
Section 3 does not contain a provision corresponding to s 4 (3). Therefore, s 3 is not a determinative provision.
A provision of this Act must be applied to an Act or statutory instrument, in accordance with the terms of the provision, except so far as it is displaced.
A determinative provision may be displaced expressly or by a manifest contrary intention.
A non-determinative provision may be displaced expressly or by a contrary intention.
Note For the distinction between a ‘manifest contrary intention’ (see s (2)) and ‘contrary intention’ (see s (3)), see the examples in this section.
The declaration of a provision as ‘determinative’ indicates that it is the intention of the Legislative Assembly that, if the provision is to be displaced at all in a particular case, a more deliberate displacement is required than if the provision were a non‑determinative provision.
This section applies despite any presumption or rule of interpretation.
A provision of this Act must not be taken to be displaced by a provision of an Act or statutory instrument so far as the provisions can operate concurrently.
In particular and without limiting subsection (6), a provision of this Act is not displaced by a provision of an Act or statutory instrument because the provisions deal with the same or a similar subject matter.
This section is a determinative provision.
different kinds of displacement
1 Determinative provision—express displacement
The Collections Regulation Act 1999 (hypothetical), s 83 contains the following provision:
The Legislation Act, section 47 (3) does not apply to a regulation under this Act.
Section 83 (2) illustrates a provision expressly displacing this Act, s 47 (3), a determinative provision.
2 Determinative provision—manifest contrary intention
The Motor Repairers Act 2001 (hypothetical) does not contain a provision like the Collections Regulation Act 1999, s 83, but s 79 contains the following provision:
A regulation may apply, adopt or incorporate an instrument or provision of an instrument as in force from time to time.
Section 79 (3) illustrates a provision displacing this Act, s 47 (3), a determinative provision, by a manifest contrary intention because s 79 (3) clearly contradicts s 47 (3).
3 Non-determinative provision—contrary intention
The master of a vessel is charged with contravening the Liquor Act 2001 (hypothetical), s 126 by selling liquor on or from ‘licensed premises’ otherwise than at a time authorised by the Act. It is claimed that the sale took place on the vessel. The Act defines ‘licensed premises’ to mean that part or those parts of a building or buildings and of the land adjoining it or them as defined by the licensing court. It is argued that the complaint is defective in that a vessel cannot be ‘licensed premises’. However, s 126 is expressed to apply to ‘a licensee, servant, agent or master who sells liquor on or from licensed premises’. In this case, the reference to ‘master’ indicates a contrary intention indicating that the section is intended to apply to liquor sold on or from vessels.
concurrent operation (no displacement)
The Small Clubs Act 2002 (hypothetical) contains the following provision about how notice of the club’s annual general meeting may be served on members of a registered small club:
60 Serving notice of annual general meeting
The executive committee of a registered small club may serve notice of the annual general meeting of the club on members by pinning the notice to a noticeboard in the club house.
This Act, s 247, a non-determinative provision, allows a document to be served on an individual under an Act in a number of ways (by giving the document to the individual, by sending it by prepaid post etc), but does not mention pinning the document to a noticeboard as a method of giving the notice.
Section 247 is not displaced by the Small Clubs Act 2002, s 60, because—
s 60 does not expressly displace section 247 nor does it indicate a contrary intention (see s 6 (1) and (3)) and, in particular, s 60 does not indicate an intention that the method of service it authorises is to be the only method of serving notice of annual general meetings on members of small clubs; and
the application of s 247 is not displaced by any presumption or rule of interpretation (see s 6 (5)); and
s 60 and s 247 can operate concurrently (see s 6 (6)) by allowing complementary methods of service; and
the fact that s 60 and s 247 deal with the same (or a similar) subject matter does not of itself displace s 247 (see s 6 (7) and also s 6 (5)).
It follows, therefore, that the executive committee is free to serve notice of the annual general meeting under s 60 or s 247.
An Act is an Act of the Legislative Assembly.
An Act of the Legislative Assembly is a law (however described or named) made by the Legislative Assembly under the Self‑Government Act.
A reference to an Act includes a reference to a provision of an Act.
Note 1 Section 17 deals with former Commonwealth enactments, and former NSW and UK Acts, that have become ACT Acts.
Note 2 Section 100 (1) deals with references to particular Acts.
A subordinate law is a regulation or rule (whether or not legislative in nature) made under—
an Act; or
another subordinate law; or
power given by an Act or subordinate law and also power given otherwise by law.
A reference to a subordinate law includes a reference to a provision of a subordinate law.
A disallowable instrument is—
a statutory instrument (whether or not legislative in nature) that is declared to be a disallowable instrument by an Act, subordinate law or another disallowable instrument; or
a determination of fees or charges by a Minister under an Act or subordinate law.
Note Statutory instrument is defined in s 13.
A reference to a disallowable instrument includes a reference to a provision of a disallowable instrument.
A notifiable instrument is a statutory instrument (whether or not legislative in nature) that is declared to be a notifiable instrument by an Act, subordinate law, disallowable instrument or another notifiable instrument.
A reference to a notifiable instrument includes a reference to a provision of a notifiable instrument.
A commencement notice is a statutory instrument that fixes or otherwise determines the commencement of an Act, subordinate law, disallowable instrument or notifiable instrument.
A reference to a commencement notice includes a reference to a provision of a commencement notice.