Acts Interpretation Act 1954

This Act may be cited as the Acts Interpretation Act 1954.

This Act applies to all Acts (including this Act).

Note—For the application of this Act to statutory instruments, see the Statutory Instruments Act 1992, part 4, divisions 1 and 2. hdg prec s 3 om 1991 No. 97 s 3 sch 1

hdg prec s 4 om 1991 No. 97 s 3 sch 1

The application of this Act may be displaced, wholly or partly, by a contrary intention appearing in any Act. hdg prec s 5 om 1991 No. 97 s 3 sch 1

This Act binds the Crown.

In an Act—Act means an Act of the Queensland Parliament, and includes—

a British or New South Wales Act that is in force in Queensland; and

an enactment of an earlier authority empowered to pass laws in Queensland that has received assent.

In an Act, a reference to ‘an Act’ includes the Act in which the reference is.

In an Act, a reference (either generally or specifically) to a law (including the Act), or a provision of a law (including the Act), includes a reference to the statutory instruments made or in force under the law or provision.

In subsection (1)—law includes a law of the Commonwealth, another State or a Territory.

An Act is to be interpreted as operating—

to the full extent of, but not to exceed, Parliament’s legislative power; and

distributively.

Without limiting subsection (1)(a), it is declared that subsection applies (and always applied) to the legislative power conferred on Parliament under the Coastal Waters (State Powers) Act 1980 (Cwlth), section 5 and the Coastal Waters (State Title) Act 1980 (Cwlth), section 4.

Subsection (1A) does not apply in relation to the substantive criminal law, and the law of criminal investigation, procedure and evidence, under the cooperative scheme as defined under the Crimes at Sea Act 2001, section 3.

Without limiting subsection (1), if a provision of an Act would, apart from this section, be interpreted as exceeding power—

the provision is valid to the extent to which it does not exceed power; and

the remainder of the Act is not affected.

Without limiting subsection (1), if the application of a provision of an Act to a person, matter or circumstance would, apart from this section, be interpreted as exceeding power, the provision’s application to other persons, matters or circumstances is not affected.

This section applies to an Act in addition to, and without limiting, any provision of the Act.

Each provision of an Act enacted, or purporting to have been enacted, before the commencement of the Australia Acts has (and always has had) the same effect as it would have had, and is (and always has been) as valid as it would have been, if the Australia Acts had been in operation at the time of its enactment or purported enactment. hdg prec s 10 om 1991 No. 97 s 3 sch 1

Every section of an Act has effect as a substantive enactment without introductory words.

Every Act passed after 26 July 1852 is a public Act unless the Act otherwise expressly provides.

A private Act does not—

affect pre-existing rights in a way prejudicial to the Crown or another person; or

impose liabilities on the Crown or another person in relation to previous acts or omissions;

except so far as the Act otherwise expressly provides.

Subsection (1) does not affect rights conferred, or liabilities imposed, on—

a person at whose instance, or for whose special benefit, the Act is passed; or

another person claiming by, through or under such a person.