Interpretation Ordinance 1958 (CI)

Except where the contrary intention appears, this Ordinance applies to all Ordinances including this Ordinance.

This Ordinance binds the Crown.

Where an Ordinance confers upon a person or authority power to make, grant or issue an instrument (including regulations, rules or rules of court) then, unless the contrary intention appears, this Ordinance applies to and in relation to an instrument so made, granted or issued as if that instrument were an Ordinance.

A reference in an Ordinance to the short title of a Western Australian Act, followed by “(W.A.)” or “(WA)” is a reference to the Act as in force in Western Australia.

A reference in an Ordinance to the short title of a Western Australian Act, followed by “(W.A.)(C.I.)” or “(WA)(CI)” is a reference to the Act as in force in the Territory in accordance with section 8A of the Act.

In an Ordinance, unless the contrary intention appears:

the Commonwealth of Australia Gazette published before or after the period that commenced on 1 July 1973 and ended on 30 June 1977;

the Australian Government Gazette published during that period; or

the Government Gazette of the Territory.

a Commonwealth Ordinance; or

a Singapore Ordinance.

a member or a special member of the Australian Federal Police; or

a member of a State or Territory police force appointed by the Minister, under subsection 8G(6) of the Christmas Island Act, to provide police services for the Territory.

Where an Ordinance confers upon a person or authority power to make, grant or issue an instrument (including regulations, rules or rules of court) then, unless the contrary intention appears, expressions used in an instrument so made, granted or issued shall be deemed to have the same meanings as in the Ordinance conferring the power.

In an Ordinance, instrument or document:

an Act may be cited by its short title, or by reference to the secular year in which it was passed and its number;

an Ordinance may be cited:

by its short title or name; or

if it was numbered as mentioned in former section 7 of this Ordinance—by reference to the secular year in which it was made and its number; and

an Imperial Act may be cited by its short title (if any), or by reference to the regnal year in which it was passed and its chapter.

An enactment may be cited by reference to the part, section, subsection or other division of the Act, Ordinance or Imperial Act in which the enactment is contained.

Every such reference shall be made:

in the case of an Act or an Ordinance made under the Christmas Island Act 1958—according to a copy of the Act or Ordinance printed or purporting to be printed by the Government Printer of the Commonwealth;

in the case of an Ordinance of the Colony of Singapore—according to a copy of the Ordinance printed or purporting to be printed by the Government Printer of that Colony; and

in the case of an Imperial Act—according to a copy of the Act printed or purporting to be printed by the Sovereign’s Printer in London.

a reference to the short title or name of another Ordinance as originally made; or

a reference to a method of citation that is, or at any time has been, provided by law for the citation of another Ordinance as amended;

the reference shall be construed as a reference to that other Ordinance as originally made and as amended from time to time; and

where that other Ordinance has been repealed and remade, with or without modification, the reference shall be construed as including a reference to the remade Ordinance as originally made and as amended from time to time and, where, in connexion with that reference, particular provisions of the repealed Ordinance are referred to, being provisions to which provisions of the remade Ordinance correspond, the reference to those particular provisions shall be construed as including a reference to those corresponding provisions.

a reference to the short title of an Act as originally enacted; or

a reference to a method of citation that is, or at any time has been, provided by law for the citation of an Act as amended;

the reference shall be construed as a reference to the Act as originally enacted and as amended from time to time; and

where that Act has been repealed and re‑enacted, with or without modification, the reference shall be construed as including a reference to the re‑enacted Act as originally enacted and as amended from time to time and, where, in connexion with that reference, particular provisions of the repealed Act are referred to, being provisions to which provisions of the re‑enacted Act correspond, the reference to those particular provisions shall be construed as including a reference to those corresponding provisions.

All courts and persons acting judicially must take judicial notice of:

a Commonwealth Ordinance; and

an applied law; and

a Singapore Ordinance; and

an Ordinance of the Colony of Singapore as defined in subsection (2); and

regulations, rules, rules of court, by‑laws, proclamations or orders or any other instruments made under a law referred to in paragraph (a), (b), (c) or (d).

In paragraph 1(d), Ordinance of the Colony of Singapore means:

an Ordinance of the Colony of Singapore in its application to the Territory under section 7 of the Act as in force before 1 July 1992; or

the provisions of an Ordinance of the Colony of Singapore applying by virtue of an Ordinance made under section 9 of the Act as a law of the Territory before 1 July 1992; or

an Imperial Act or Order in Council in its application to the Territory under section 7 of the Act as in force before 1 July 1992; or

an Ordinance of the Colony of the Straits Settlements in force in the Colony of Singapore immediately before the commencement of the Act or the date of its application as a law of the Territory; or

a law referred to in paragraph (a), (b), (c) or (d) as amended or affected by a Commonwealth Ordinance.

The mere production of a paper purporting to be the Commonwealth of Australia Gazette, the Australian Government Gazette or the Government Gazette of the Territory is, in all courts, evidence that the paper is the Commonwealth of Australia Gazette, the Australian Government Gazette or the Government Gazette of the Territory, as the case may be, and was published on the day on which it bears date.

Where by a law in force in the Territory the Governor‑General or a Minister is authorized or empowered to make an appointment or do any other act, production of the Commonwealth of Australia Gazette, of the Australian Government Gazette or of the Government Gazette of the Territory purporting to contain a copy or notification of that appointment or act is, in all courts, evidence of the appointment or act having been duly made or done.

Where an act or omission constitutes offences under 2 or more Ordinances, or constitutes an offence under an Ordinance and an offence at common law, the offender is, unless the contrary intention appears, liable to be prosecuted and convicted under either or any of those Ordinances or under that Ordinance or at common law, but is not liable to be punished more than once in respect of that act or omission.

Where an act or omission constitutes an offence under an Ordinance and an Act and the offender has been punished for the offence under the Act, the offender is not liable to be punished for the offence under the Ordinance.