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This Act may be cited as the Acts Interpretation Act 1901.
The following is a simplified outline of this Act:
Overview
This Act is like a dictionary and manual to use when reading and interpreting Commonwealth Acts and instruments made under Commonwealth Acts.
The definitions and many of the interpretation rules are aimed at making Commonwealth legislation shorter, less complex and more consistent in operation.
A provision of this Act is subject to a contrary intention in other Commonwealth legislation.
Structure
Part 1 provides that this Act applies to all Acts. This Act also applies to legislative instruments, notifiable instruments and other instruments made under an Act (see subsection 13(1) of the Legislation Act 2003 and subsection 46(1) of this Act).
Part 2 contains definitions that apply across all Commonwealth legislation (for example, Australian citizen, business day, document and month).
Part 3 deals with the commencement of Commonwealth Acts. For example, section 4 allows certain powers to be exercised (like the making of appointments) between the enactment and commencement of an Act.
Part 4 deals with the amendment, repeal and expiry of Commonwealth legislation. For example, section 7 provides that the repeal of an Act does not affect any rights accrued under the Act, or any legal proceedings instituted, before the repeal.
Part 5 contains various rules for interpreting Commonwealth legislation, including:
section 15A (about interpreting an Act subject to the Constitution); and
section 15AA (which provides for interpreting an Act in a way that best achieves the purpose or object of the Act); and
section 15AB (about using material that is not part of an Act (like explanatory memorandums and second reading speeches) in interpreting an Act); and
sections 19 to 20 (which deal generally with references to Ministers and Departments in Acts, with the effect of machinery of government changes on references to Ministers and Departments and other authorities in Acts and Commonwealth agreements, and with the validity of acts done by Ministers).
Part 6 deals with the service of documents on persons.
Part 7 contains rules about exercising powers and performing functions and duties under Commonwealth legislation, including:
subsection 33(3) (which provides that a power to make an instrument includes the power to vary or revoke the instrument); and
section 33A (about acting appointments); and
sections 34AA, 34AB and 34A (about delegating powers, functions and duties).
Part 8 deals with the calculation of distance, time and age.
Part 9 deals with the citation of Acts.
Part 10 deals with instruments other than legislative instruments or notifiable instruments. For example, it provides that this Act applies to those instruments and that expressions in those instruments have the same meaning as in the enabling legislation.
Part 11 contains a regulation‑making power.
This Act applies to all Acts (including this Act).
This Act also applies to legislative instruments, notifiable instruments and other instruments: see subsection 13(1) of the Legislation Act 2003 and subsection 46(1) of this Act.
However, the application of this Act or a provision of this Act to an Act or a provision of an Act is subject to a contrary intention.
This Act binds the Crown in each of its capacities.
In any Act:
acting SES employee has the same meaning as in the Public Service Act 1999.
Administrative Arrangements Order:
means an instrument (a primary AAO) made by the Governor‑General that is described as an Administrative Arrangements Order; and
includes an instrument made by the Governor‑General that:
amends a primary AAO; or
revokes a primary AAO and substitutes a new primary AAO.
The Administrative Arrangements Order sets out, from time to time, the matters dealt with by Departments of State of the Commonwealth together with the legislation administered by the Ministers for those Departments.
affidavit includes affirmation, declaration and promise.
appoint: see section 33AA.
APS employee has the same meaning as in the Public Service Act 1999.
Australia means the Commonwealth of Australia and, when used in a geographical sense, includes Norfolk Island, the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands, but does not include any other external Territory.
See also section 15B.
Australian citizen has the same meaning as in the Australian Citizenship Act 2007.
Australian Privacy Principle has the same meaning as in the Privacy Act 1988.
Australian Standard: see section 2L.
business day means a day that is not a Saturday, a Sunday or a public holiday in the place concerned.
calendar month means one of the 12 months of the year.
calendar year means a period of 12 months starting on 1 January.
charitable has the meaning given by Part 2 of the Charities Act 2013.
charitable purpose has the meaning given by Part 3 of the Charities Act 2013.
charity has the meaning given by Part 2 of the Charities Act 2013.
commencement, in relation to an Act or a provision of an Act, means the time at which the Act or provision comes into operation.
See also section 3.
Commonwealth means the Commonwealth of Australia and, when used in a geographical sense, includes Norfolk Island, the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands, but does not include any other external Territory.
See also section 15B.
Consolidated Revenue Fund means the Consolidated Revenue Fund referred to in section 81 of the Constitution.
Constitution means the Constitution of the Commonwealth.
contiguous zone has the same meaning as in the Seas and Submerged Lands Act 1973.
continental shelf has the same meaning as in the Seas and Submerged Lands Act 1973.
contravene includes fail to comply with.
court exercising federal jurisdiction means any court when exercising federal jurisdiction, and includes a federal court.
court of summary jurisdiction means any justice of the peace, or magistrate of a State or Territory, sitting as a court of summary jurisdiction.
de facto partner: see section 2D.
document means any record of information, and includes:
anything on which there is writing; and
anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; and
anything from which sounds, images or writings can be reproduced with or without the aid of anything else; and
a map, plan, drawing or photograph.
estate includes any estate, interest, charge, right, title, claim demand, lien or encumbrance at law or in equity.
exclusive economic zone has the same meaning as in the Seas and Submerged Lands Act 1973.
Executive Council means the Federal Executive Council.
external Territory means a Territory, other than an internal Territory, where an Act makes provision for the government of the Territory as a Territory.
See also section 15B.
federal court means the High Court or any court created by the Parliament.
financial year means a period of 12 months starting on 1 July.
foreign country means any country (whether or not an independent sovereign state) outside Australia and the external Territories.
Gazette means the Commonwealth of Australia Gazette.
Government Printer includes any person printing for the Government of the Commonwealth.
See also section 17A.
Governor of a State: see section 16B.
Governor‑General: see section 16A.
High Court means the High Court of Australia.
individual means a natural person.
insolvent under administration has the same meaning as in the Corporations Act 2001.
internal Territory means the Australian Capital Territory, the Northern Territory or the Jervis Bay Territory.
Jervis Bay Territory means the Territory referred to in the Jervis Bay Territory Acceptance Act 1915.
judge has a meaning affected by section 16BA.
justice of the peace includes a justice of the peace for a State or part of a State or for a Territory.
land includes messuages, tenements and hereditaments, corporeal and incorporeal, of any tenure or description, whatever may be the estate or interest in them.
law of the Commonwealth: see section 2H.
legislative instrument has the same meaning as in the Legislation Act 2003.
Magistrate: see subsections 16C(2) and (3).
Minister or Minister of State means one of the Ministers of State for the Commonwealth.
See also section 19.
modifications, in relation to a law, includes additions, omissions and substitutions.
month: see section 2G.
Northern Territory means the Northern Territory of Australia.
notifiable instrument has the same meaning as in the Legislation Act 2003.
oath includes affirmation, declaration and promise.
Parliament means the Parliament of the Commonwealth.
penalty unit, including in relation to a civil penalty provision, has the meaning given by section 4AA of the Crimes Act 1914.
person: see section 2C.
prescribed means prescribed by the Act or by regulations under the Act.
Proclamation means a Proclamation by the Governor‑General that is registered in the Federal Register of Legislation established under the Legislation Act 2003 as a legislative instrument or notifiable instrument.
Some Proclamations provide solely for the commencement of Acts, legislative instruments or notifiable instruments, or provisions of Acts or such instruments. Under section 11 of the Legislation Act 2003, these are notifiable instruments.
record includes information stored or recorded by means of a computer.
regulations means regulations under the Act.
rules of court: see section 2K.
seat of Government means the seat of Government of the Commonwealth.
Senior Counsel includes:
if the Sovereign is a King—King’s Counsel; and
if the Sovereign is a Queen—Queen’s Counsel.
SES employee has the same meaning as in the Public Service Act 1999.
sitting day: see section 2M.
Sovereign: see section 16.
spouse: see section 2CA.
Standards Australia means Standards Australia Limited (ACN 087 326 690).
State means a State of the Commonwealth.
statutory declaration means a declaration made because of any Act authorising a declaration to be made otherwise than in the course of a judicial proceeding.
Stipendiary Magistrate: see subsections 16C(1) and (3).
swear includes affirm, declare and promise.
territorial sea has the same meaning as in the Seas and Submerged Lands Act 1973.
Territory, Territory of the Commonwealth, Territory under the authority of the Commonwealth or Territory of Australia means a Territory referred to in section 122 of the Constitution.
United Kingdom means the United Kingdom of Great Britain and Northern Ireland.
writing includes any mode of representing or reproducing words, figures, drawings or symbols in a visible form.
In any Act, expressions used to denote persons generally (such as “person”, “party”, “someone”, “anyone”, “no‑one”, “one”, “another” and “whoever”), include a body politic or corporate as well as an individual.
Express references in an Act to companies, corporations or bodies corporate do not imply that expressions in that Act, of the kind mentioned in subsection (1), do not include companies, corporations or bodies corporate.
For the purposes of any Act, a person is the spouse of another person (whether of the same sex or a different sex) if the person is legally married to the other person.
Subsection (1) has effect in addition to any provision of an Act that affects the meaning of spouse in a provision of that Act.
Spouse is defined for the purposes of an Act to include a de facto partner and a former spouse. Because of this section, a reference in the Act to a person’s spouse covers any person who is legally married to the person, in addition to any person covered by the definition in the Act.
For the purposes of a provision of an Act that is a provision in which de facto partner has the meaning given by this Act, a person is the de facto partner of another person (whether of the same sex or a different sex) if:
the person is in a registered relationship with the other person under section 2E; or
the person is in a de facto relationship with the other person under section 2F.
For the purposes of paragraph 2D(a), a person is in a registered relationship with another person if the relationship between the persons is registered under a prescribed law of a State or Territory as a prescribed kind of relationship.
For the purposes of paragraph 2D(b), a person is in a de facto relationship with another person if the persons:
are not legally married to each other; and
are not related by family (see subsection (6)); and
have a relationship as a couple living together on a genuine domestic basis.
In determining for the purposes of paragraph (1)(c) whether 2 persons have a relationship as a couple, all the circumstances of their relationship are to be taken into account, including any or all of the following circumstances:
the duration of the relationship;
the nature and extent of their common residence;
whether a sexual relationship exists;
the degree of financial dependence or interdependence, and any arrangements for financial support, between them;
the ownership, use and acquisition of their property;
the degree of mutual commitment to a shared life;
the care and support of children;
the reputation and public aspects of the relationship.
No particular finding in relation to any circumstance mentioned in subsection (2) is necessary in determining whether 2 persons have a relationship as a couple for the purposes of paragraph (1)(c).
For the purposes of paragraph (1)(c), the persons are taken to be living together on a genuine domestic basis if the persons are not living together on a genuine domestic basis only because of:
a temporary absence from each other; or
illness or infirmity of either or both of them.
For the purposes of subsection (1), a de facto relationship can exist even if one of the persons is legally married to someone else or is in a registered relationship (within the meaning of section 2E) with someone else or is in another de facto relationship.
For the purposes of paragraph (1)(b), 2 persons are related by family if:
one is the child (including an adopted child) of the other; or
one is another descendant of the other (even if the relationship between them is traced through an adoptive parent); or
they have a parent in common (who may be an adoptive parent of either or both of them).
For this purpose, disregard whether an adoption is declared void or has ceased to have effect.
For the purposes of subsection (6), adopted means adopted under the law of any place (whether in or out of Australia) relating to the adoption of children.
In any Act, month means a period:
starting at the start of any day of one of the calendar months; and
ending:
immediately before the start of the corresponding day of the next calendar month; or
if there is no such day—at the end of the next calendar month.
A month starting on 15 December in a year ends immediately before 15 January in the next year.
A month starting on 31 August in a year ends at the end of September in that year (because September is the calendar month coming after August and does not have 31 days).
In any Act, a reference to a period of 2 or more months is a reference to a period:
starting at the start of a day of one of the calendar months (the starting month); and
ending:
immediately before the start of the corresponding day of the calendar month that is that number of calendar months after the starting month; or
if there is no such day—at the end of the calendar month that is that number of calendar months after the starting month.
A reference to 6 months starting on 15 December in a year is a reference to a period starting on that day and ending immediately before 15 June in the next year.
A reference to 6 months starting on 31 October in a year is a reference to a period starting on that day and ending at the end of April in the next year (because April is the calendar month coming sixth after October and does not have 31 days).
In any Act, a reference to the law of the Commonwealth, or to a law of the Commonwealth, does not include, and is taken never to have included, a reference to a law in force in a Territory so far as the law is so in force because of an Act providing for the acceptance, administration or government of that Territory.