Acts Interpretation Act 1931

Where in any Act it is provided that the Governor or any specified authority may make regulations under or for the purposes thereof, those regulations may prescribe – any matter or thing not inconsistent with the provisions of that Act and not repugnant to any express enactment in force, which – that Act expressly or by implication empowers or directs to be prescribed; or is necessary or convenient for giving effect to the provisions or objects of that Act; any forms to be used for the purposes of that Act; the duties of any officers or employees appointed by or under that Act and directions for the administration of the provisions thereof; as an offence any specified contravention of, or failure to comply with, any of the regulations; and a penalty or a fine in respect of any such offence of an amount not exceeding such maximum as may be specified in that Act or, where no maximum amount is so specified, not exceeding 20 penalty units and, if the offence is of a continuing nature, a daily fine of such maximum amount as may be specified in that Act or, where no such maximum amount is so specified, not exceeding 5 penalty units.

Where forms are prescribed by or under any Act, it shall be intended that any document in the prescribed form or to the like effect shall be a sufficient compliance with such Act, provided that any deviation therein from the prescribed form shall not be calculated to mislead or prejudice any person concerned.

The following provisions apply to regulations made under the authority of an Act unless the authorizing Act expressly provides otherwise:if the regulations are not statutory rules within the meaning of the Rules Publication Act 1953 or are exempted from the operation of that Act, the regulations shall be published in the Gazette within 21 days after the day on which they are made; if the regulations are statutory rules within that meaning, the making of the regulations shall be notified in the Gazette within 21 days after the day on which they are made; the regulations shall be laid before each House of Parliament within the first 10 sitting days of the House after the regulations are so published or, as the case may be, the making of the regulations is so notified; the regulations shall take effect – on or from a day or date that is specified for the purpose in the regulations or that is ascertainable by reference to a period of time reckoned prospectively or retrospectively from the date of publication of the regulations in the Gazette or, as the case may be, the date of notification in the Gazette of the making of the regulations; or if no such day or date is so specified or ascertainable, on the date of publication of the regulations in the Gazette or, as the case may be, on the date of notification in the Gazette of the making of the regulations – but the regulations shall not be expressed to take effect on or from a day or date preceding that date of publication or notification in the Gazette where, if the regulations were so to take effect – the rights or privileges of a person (other than the Crown in right of the State, or any department, instrumentality, authority, or agency of the State) existing at the date of that notification or publication would be prejudiced; or liabilities or obligations would be imposed on any person (other than the Crown in right of the State, or any department, instrumentality, authority, or agency of the State) in respect of anything done or omitted to be done on or before that date of notification or publication.

Where – regulations are not published in the Gazette as required by subsection (3)(a); the making of regulations is not notified in the Gazette as required by subsection (3)(b); or regulations in relation to a matter referred to in subsection (3)(d)(iii) or (iv) are expressed to take effect on or from a day or date preceding the date of publication of those regulations in the Gazette or, as the case may be, on or from a day or date preceding the date of the notification in the Gazette of the making of those regulations – those regulations are void.

If either House of Parliament passes a resolution, of which notice has been given within the first 15 sitting days of such House after any regulation is laid before it, that such regulation be disallowed, such regulation thereupon shall be void and thenceforth shall cease to have effect except as regards anything done thereunder prior to the passing of such resolution.

Notice of the passing of every such resolution shall be gazetted forthwith by the Clerk of the House by which the same was passed.

Where in any such resolution any section, division, or part of a regulation is expressed to be disallowed, the resolution shall have the effect of annulling only such section, division, or part, and in every other case such disallowance shall extend to the whole of such regulation.

Where a regulation, or any part thereof, has been disallowed as aforesaid by either House of Parliament, no regulation to the same, or substantially the same, effect made within 12 months after such disallowance shall take effect until the same has been laid upon the table of such House and 30 sitting days of such House have elapsed after the same was so laid, unless such House shall have sooner passed a resolution allowing the same.

Where by any Act it is provided that regulations may be made thereunder, and the authority by whom the same are to be made is not specified, the same shall be made by the Governor.

Every regulation made after the passing of this Act and before the commencement of the Legislation Publication Act 1996 shall be filed and recorded in the office of the Attorney-General, but no regulation shall be challenged, or the validity thereof impugned, on the ground of the non-observance of this provision, nor shall it be necessary to prove compliance therewith in any proceedings under or in relation to such regulation.

Every regulation made on or after the commencement of the Legislation Publication Act 1996 is to be filed and recorded by the Chief Parliamentary Counsel in the responsible Department in relation to the Legislation Publication Act 1996.

A regulation may not be challenged, or its validity may not be impugned, on the ground of the non-observance of subsection (11) and it is not necessary to prove compliance with that subsection in any proceedings under or in relation to that regulation.