Meaning of may, must and shall
11 Meaning of may, must and shall
If, in an Act or a legislative instrument, the word "may" or a similar expression is used in conferring a function, the entity on which the function is conferred has a discretion as to whether or not to perform it.
However, if an Act or a legislative instrument specifies that an entity "may not" perform a function, the entity is prohibited from performing it.
If, in an Act or a legislative instrument, the word "must" or
"shall" (or a similar expression) is used in conferring a function, the entity on which the function is conferred is required to perform it.
This section only applies to an Act or a legislative instrument passed after 1 January 1873.
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