Legislation Interpretation Act 2021

Subject to subsection (2), an Act passed, or a legislative instrument made, after 20 June 1990 will, unless the contrary intention appears (either expressly or by implication), be taken to bind the Crown, but not so as to impose any criminal liability on the Crown.

If an Act passed, or a legislative instrument made, after 20 June 1990 amends an Act passed, or a legislative instrument made, before that date, the question whether the amendment binds the Crown will be determined in accordance with subsection (3).

An

Act passed, or a legislative instrument made, on or before

20 June 1990 will only be taken to bind the Crown if the

Act or instrument expressly, or by necessary implication, binds the

Crown.

If an Act or a legislative instrument, or a provision of an Act or a legislative instrument, (whether passed or made before or after

20 June 1990) binds the Crown but not so as to impose any criminal liability on the Crown, the Crown's immunity from criminal liability extends (unless the contrary intention is expressed) to an agent of the Crown in respect of an act within the scope of the agent's obligations.

If an Act or a legislative instrument, or a provision of an Act or a legislative instrument, (whether passed or made before or after

20 June 1990) does not bind the Crown, the Crown's immunity extends (unless the contrary intention is expressed) to an agent of the Crown in respect of an act within the scope of the agent's obligations.

For the purposes of this section—

a reference to the Crown extends not only to the Crown in right of this State but also (so far as the legislative power of the State permits) to the Crown in any other capacity; and

a reference to an agent of the Crown extends to an instrumentality, officer or employee of the Crown or a contractor or other person who carries out functions on behalf of the Crown; and

an agent acts within the scope of the agent's obligations if the act is reasonably required for carrying out of obligations or functions imposed on, or assigned to, the agent.