Acts Interpretation Act 1931

Acts Interpretation Act 1931

This Act may be cited as the Acts Interpretation Act 1931.

The Interpretation Act 1906, the Interpretation Act 1916, and the Northern and Southern Divisions Act 1903, are hereby repealed.

In this Act, unless the contrary intention appears, regulation includes rule and by-law.

Every Act shall be read and construed subject to the limits of the legislative powers of the State and so as not to exceed such powers, to the intent that, where any enactment thereof, but for this provision, would be construed as being in excess of such powers, it shall nevertheless be a valid enactment to the extent to which it is not in excess of such powers.

Except where otherwise expressly provided, the provisions of this Act shall be applied in the interpretation and construction of every Act whenever passed (including this Act) and of all regulations made under any Act, except in so far as – any provision of this Act is inconsistent with or repugnant to the true intent and object of the particular Act or regulation to be interpreted; or, in case of a regulation, with the true intent and object of the Act under which such regulation purports to have been made; the interpretation which any provision of this Act would give to anything contained in such particular Act or regulation is inconsistent with the context thereof or with any definition or interpretation contained in such particular Act or regulation or in the Act under which such regulation is made.

For the purposes of applying this Act in the interpretation and construction of regulations made under an Act – a reference in this Act to the passing of an Act, or to the time of the passing of an Act, shall be construed as a reference to the making of the regulations or the time when the regulations are made, as the case may be; a reference in this Act to the Minister of the Crown for the time being administering an Act or enactment shall be construed as a reference to the Minister of the Crown administering the Act or enactment under which the regulations are made; and a reference in this Act to a section or other division of an Act or to a subsection or other division of a section shall be construed as a reference to – in the case of regulations, a regulation or other division of the regulations or, as the case may be, a subregulation or other division of such a regulation; in the case of rules, a rule or other division of the rules or, as the case may be, a subrule or other division of such a rule; or in the case of by-laws, a clause or other division of the by-laws or, as the case may be, a subclause or other division of such a clause.

Where in this Act reference is made to an Act passed after any specified date, such reference shall include every such Act, whether passed before or after the commencement of this Act.

This Act shall be binding on the Crown.

The word Act used in relation to a legislative enactment, shall include all Acts and ordinances which have been duly made and passed by the Parliament of Tasmania or by any council or authority empowered to make and pass laws in Tasmania, and to which assent has been duly given by or on behalf of the Sovereign.

In any Act, including this Act, a reference to an Act (including a reference to the Act in which the reference occurs) or to an Imperial Act or a Commonwealth Act includes a reference to any regulation made under that Act, Imperial Act, or Commonwealth Act.

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

The headings of the parts, divisions, and subdivisions, into which any Act is divided shall be deemed to be part of the Act.

Every schedule and appendix to an Act (including any heading of such a schedule or appendix or of any part, division or subdivision into which such a schedule or appendix is divided) shall be deemed to be part thereof.

Except as provided in subsections (2) and (3) – a heading to a provision of an Act; or a marginal note, footnote or endnote in an Act (other than a footnote appended to a prescribed form) – shall not be taken to be part of the Act.

An Act may be altered, amended, or repealed in the same session of Parliament as that in which it was passed.

No Act shall be binding on the Crown or derogate from any prerogative right of the Crown unless express words are included therein for that purpose.

Every Act passed after 5th August 1853 shall be a public Act and shall be judicially noticed as such unless the contrary is expressly provided by that Act.

In any Act, the expression prescribed –

means prescribed by, or by regulations made under, the Act in which the word appears; and where reference is made to anything prescribed by an Act other than the Act in which the word appears, includes anything prescribed by any regulation made under that other Act.

Where in an Act reference is made to a Part, division, section, Schedule, or form without anything in the context to indicate that a reference to a Part, division, section, Schedule, or form of some other Act is intended, the reference shall be construed as a reference to a Part, division, section, Schedule, or form of the Act in which the reference is made.

Where in a section of an Act reference is made to a subsection, paragraph, subparagraph, or other division without anything in the context to indicate that a reference to a subsection, paragraph, subparagraph, or other division of some other section or provision is intended, the reference shall be construed as a reference to a subsection, paragraph, subparagraph, or other division of the section in which the reference is made.

For the purposes of the application of subsections (1) and (2) to regulations, "section" and "subsection" shall be read as "regulation" and "subregulation", respectively.

Where in a Schedule or part of a Schedule to an Act reference is made to a clause, subclause, paragraph, subparagraph, or other division without anything in the context to indicate that a reference to a clause, subclause, paragraph, subparagraph, or other division of some other provision is intended, the reference shall be construed as a reference to the clause, subclause, paragraph, subparagraph, or other division of the Schedule or the part of the Schedule in which the reference is made.

Every Act passed for the purpose and with the object of amending a previous Act shall be read and construed with, and subject to the provisions of, the amended Act, as modified by the amending Act, and shall be deemed to be incorporated therewith, and with every Act amending the same, unless the contrary is expressly provided therein.

Where any Act is amended as aforesaid, the expression the Principal Act in any such amending Act, unless the contrary is expressly provided, shall mean the Act so amended, and shall be deemed to apply to the earliest of the series of Acts upon the same subject, even though the amendment consists only of some alteration in, or modification of, a previous amending Act.

In the interpretation of a provision of an Act, an interpretation that promotes the purpose or object of the Act is to be preferred to an interpretation that does not promote the purpose or object.

Subsection (1) applies whether or not the purpose or object is expressly stated in the Act.