Download Acts Interpretation Act 1954 PDF

TitleActs Interpretation Act 1954
LanguageEnglish
File Size1018.8 KB
Total Pages135
Table of Contents
                            Contents
	Part 1 Preliminary
		1 Short title
		2 Act applies to all Acts
		4 Displacement of Act by contrary intention
		5 Act binds Crown
	Part 2 Meaning of Act
		6 References to Act
		7 Act includes statutory instruments under Act etc.
	Part 3 General provisions applying to Acts
		9 Interpretation of Act in relation to Parliament’s legislative power
		9A Declaration of validity of certain laws
		10 Section has effect as substantive enactment
		11 Acts to be public Acts
		12 Private Acts not to affect rights of others
		12A Private Acts amended by public Acts do not become public Acts
		13 Future Acts when binding on the Crown
		13A Acts not to affect native title except by express provision
		13B Acts not to affect powers, rights or immunities of Legislative Assembly except by express provision
		14 Material that is, and is not, part of an Act
		14A Interpretation best achieving Act’s purpose
		14B Use of extrinsic material in interpretation
		14C Changes of drafting practice not to affect meaning
		14D Examples
	Part 4 Reference to and citation of Acts
		14E References to Acts generally
		14F References to particular Acts
		14G References to enactments
		14H References taken to be included in reference to law
		14I References to changed short titles and citations
		14J References to repealed or expired laws
	Part 5 Commencement of Acts
		15 References to enactment etc. of Acts
		15A Commencement of Acts on date of assent
		15B Time of commencement of Acts
		15C Commencement of citation and commencement provisions on date of assent etc.
		15D Commencement by proclamation etc.
		15DA Automatic commencement of postponed law
		15E Commencement of paragraphs etc. in amending Act
		17 Exercise of powers between enactment and commencement
	Part 6 Amendment and repeal of Acts
		17A Act may be amended or repealed in same parliamentary session
		18 Time of expiry of Act etc.
		19 Repealed and amended Acts not revived on repeal of repealing and amending Acts
		19A Commencement not undone if omitted
		20 Saving of operation of repealed Act etc.
		20A Repeal does not end saving, transitional or validating effect etc.
		20B Continuance of appointments etc. made under amended provisions
		20C Creation of offences and changes in penalties
		21 Continuance of repealed provisions
		22 Act and amending Acts to be read as one
		22A Insertion of provisions by amending Act
		22B Amendment to be made wherever possible in provision
		22C Automatic repeal of amending Act
	Part 7 Functions and powers conferred by Acts
		23 Performance of statutory functions etc.
		23A Conferral of statutory power on another entity
		24AA Power to make instrument or decision includes power to amend or repeal
		24A Appointments may be made by name or office
		24B Acting appointments
		24C Acting person nominated by Act etc.
		25 Powers of appointment imply certain incidental powers
		26 Appointment not affected by defect etc.
		27 Power to hear and determine includes power to administer oath
		27A Delegation of functions or powers
		27B Content of statement of reasons for decision
		29 Legislative Assembly’s resolutions to be interpreted not to exceed authority
		29B Working out number of sitting days
	Part 8 Terms and references in Acts
		32 Defined terms—other parts of speech and grammatical forms
		32A Definitions to be read in context
		32AA Definitions generally apply to entire Act
		32AB Terms defined both in this Act and another Act
		32B Gender
		32C Number
		32CA Meaning of may and must etc.
		32CB Words and expressions used in amending Acts
		32D References to persons generally
		32DA Meaning of de facto partner
		32E Production of records kept in computers etc.
		32F References to commencement
		33 References to Ministers, departments and chief executives
		33A References to States include Territories
		34 References to officers and holders of offices
		34A Chair titles
		34B Deputy chair titles
		35 References to Queensland to be implied
		35A References to person with interest in land includes personal representative etc.
		35B References to provisions designated by number without mentioning another Act
		35C Headings part of provision etc.
		35CA References to items at the end of a provision
		35D Reference to provisions of a law is inclusive
		35E Instrument made under the Act
		36 Meaning of commonly used words and expressions
	Part 9 Distance, time and age
		37 Measurement of distance
		38 Reckoning of time
		38A Age
	Part 10 Service of documents
		39 Service of documents
		39A Meaning of service by post etc.
	Part 11 Offences and criminal proceedings
		41 Penalty at end of provision
		41A Penalty other than at end of provision
		42 Any person may prosecute etc.
		43 Appropriation of penalties
		44 Summary proceedings
		45 Offence punishable only once
		46 Bodies corporate
	Part 12 Application of particular State laws to coastal waters
		47 Definitions for pt 12
		47A Application of laws of the State to coastal waters
		47B Laws with specific application not to apply
		47C Extent of jurisdiction in relation to coastal waters
		47D Constitutional basis
		47E Saving
	Part 12A Forms
		48 Forms—notification and availability
		48A Compliance with forms
	Part 13 Miscellaneous
		49 Verification of documents
		49A Jurisdiction of courts and tribunals
		50 Making or amendment of subordinate legislation by an Act
		51A References to Acts Shortening Act 1867
		52 References to the Crown etc.
	Part 14 Transitional provisions
		Division 1 Transitional provision for Parliamentary Service and Other Acts Amendment Act 2011
			53 Transitional—extrinsic material—speech in Legislative Assembly
		Division 2 Transitional provisions for Treasury and Trade and Other Legislation Amendment Act 2013
			54 Definitions for div 2
			55 References to s 36, 48A or 49
			56 References to gazetted
			57 References to notified in the gazette
	Schedule 1 Meaning of commonly used words and expressions
                        
Document Text Contents
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Queensland

Acts Interpretation Act 1954

Current as at 22 March 2016

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[s 47C]

Acts Interpretation Act 1954
Part 12 Application of particular State laws to coastal waters
(c) if those laws expressly provide that the provision applies
only in a stated locality in the State that does not include
that place.

(2) A provision of the laws of the State is not to be taken to be a
provision to which subsection (1) applies merely because it is
limited in its application to acts, matters and things within
Queensland waters, coastal waters or the adjacent area,
however described, of the State.

47C Extent of jurisdiction in relation to coastal waters

(1) A person who has a function or power conferred on the person
under a law for the purposes of or in connection with a
provision of the laws of the State has and may perform the
function for the purposes of or in connection with that
provision, as applying because of this part, as if the coastal
waters of the State, as extending from time to time, were
within the limits of the State.

(2) All courts of the State are invested with jurisdiction in all
matters arising under the provisions of the laws of the State, as
applying because of this part, as if the coastal waters of the
State, as extending from time to time, were within the limits
of the State.

47D Constitutional basis

In addition to any other power under which the provisions of
this part may be enacted, the provisions of this part are
enacted under the legislative power of Parliament as extended
by the Coastal Waters (State Powers) Act 1980 (Cwlth),
section 5 and the Coastal Waters (State Title) Act 1980
(Cwlth), section 4.

47E Saving

Nothing in this part limits any law, other than this part, that
provides for the application of the laws of the State, or any
part of those laws, beyond the limits of the State.
Current as at 22 March 2016 Page 65

Authorised by the Parliamentary Counsel

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[s 48]

Acts Interpretation Act 1954
Part 12A Forms
Note—

Some Acts have special application provisions, for example, the
following—

Fisheries Act 1994, section 11

Offshore Minerals Act 1998, section 16

Petroleum Act 1923, section 7A

Petroleum (Submerged Lands) Act 1982, section 14.

Part 12A Forms

48 Forms—notification and availability

(1) This section applies if under an Act (the authorising law)
forms are to be approved or made available by an entity.

(2) A form under the authorising law must have a heading stating
the name of the authorising law and briefly indicating the
form’s purpose.

(3) All forms under the authorising law must be numbered using a
system that gives each form a unique number.
Examples—

1 Forms may be numbered consecutively starting with the number 1.

2 Forms may be numbered to reflect the provisions of the Act to
which they relate.

(4) All versions of a form under the authorising law must be
numbered consecutively using a system that gives each
version of the form a unique number.

(5) The approval or availability under the authorising law of a
form, or a new version of a form, must be notified in the
gazette.

(6) Subsection (5) may be complied with—

(a) by publication in the gazette of a notice of—

(i) the approval or availability of the form; and
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Authorised by the Parliamentary Counsel

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Endnotes

Acts Interpretation Act 1954
def Standards Association of Australia ins 2000 No. 58 s 2 sch
amd 2010 No. 42 s 3 sch
reloc 2013 No. 39 s 49(4)
def Standards Australia ins 2000 No. 58 s 2 sch
amd 2010 No. 42 s 3 sch
reloc 2013 No. 39 s 49(4)
def State sub 1991 No. 30 s 32; 1993 No. 32 s 3 sch 1
reloc 2013 No. 39 s 49(4)
def statutory declaration ins 1991 No. 30 s 32
reloc 2013 No. 39 s 49(4)
def statutory declaration or solemn declaration om from prev s 36 1991 No. 30 s 32
def statutory GOC ins 1994 No. 87 s 3 sch 1
om from prev s 36 2007 No. 10 s 62 sch
def statutory instrument ins 1991 No. 30 s 32
sub 1992 No. 22 s 48 sch 3
reloc 2013 No. 39 s 49(4)
def statutory rule ins 1991 No. 30 s 32
sub 1992 No. 22 s 48 sch 3
reloc 2013 No. 39 s 49(4)
def stipendiary magistrate sub 1991 No. 30 s 32
amd 1991 No. 75 s 26 sch 3
om from prev s 36 2000 No. 58 s 2 sch
def subordinate legislation ins 1992 No. 22 s 48 sch 3
reloc 2013 No. 39 s 49(4)
def subordinate local law ins 1999 No. 30 s 98 sch 3 pt 2
reloc 2013 No. 39 s 49(4)
def summary ins 1993 No. 76 s 3 sch 1
reloc 2013 No. 39 s 49(4)
def supply ins 2000 No. 20 s 29 sch 3
reloc 2013 No. 39 s 49(4)
def Supreme Court om from prev s 36 1991 No. 30 s 32
def Supreme Court judge or Judge ins 1991 No. 30 s 32
reloc 2013 No. 39 s 49(4)
def swear ins 1991 No. 30 s 32
reloc 2013 No. 39 s 49(4)
def table ins 1993 No. 76 s 3 sch 1
reloc 2013 No. 39 s 49(4)
def territorial sea of Australia ins 1992 No. 20 s 159 sch 2
reloc 2013 No. 39 s 49(4)
def territorial unit ins 1993 No. 70 s 804 sch
amd 2004 No. 37 s 86 sch 1; 2007 No. 59 s 152 sch
om from prev s 36 2009 No. 17 s 331 sch 1
def Territory ins 1991 No. 30 s 32
reloc 2013 No. 39 s 49(4)
def the Act ins 1993 No. 32 s 3 sch 1
om from prev s 36 1993 No. 76 s 3 sch 1
def the State ins 1991 No. 30 s 32
reloc 2013 No. 39 s 49(4)
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Endnotes

Acts Interpretation Act 1954
def this Act sub 1991 No. 30 s 32
om from prev s 36 1993 No. 76 s 3 sch 1
def Torres Strait Islander ins 1992 No. 26 s 24
reloc 2013 No. 39 s 49(4)
def Torres Strait Islander local government ins 1993 No. 70 s 804 sch
om from prev s 36 2007 No. 59 s 152 sch
def transfer ins 1994 No. 11 s 194 sch 2
reloc 2013 No. 39 s 49(4)
def transmission ins 1994 No. 11 s 194 sch 2
reloc 2013 No. 39 s 49(4)
def under ins 1993 No. 32 s 3 sch 1
sub 1993 No. 76 s 3 sch 1
amd 1994 No. 87 s 3 sch 1
reloc 2013 No. 39 s 49(4)
def United Kingdom sub 1991 No. 30 s 32
reloc 2013 No. 39 s 49(4)
def unit of the public sector ins 1992 No. 26 s 24
om from prev s 36 1996 No. 37 s 147 sch 2
def valuer-general ins 2010 No. 39 s 309
reloc 2013 No. 39 s 49(4)
def will ins 1994 No. 11 s 194 sch 2
reloc 2013 No. 39 s 49(4)
def word ins 1991 No. 30 s 32
sub 1995 No. 37 s 458 sch 2 pt 1
reloc 2013 No. 39 s 49(4)
def writing ins 1991 No. 30 s 32
reloc 2013 No. 39 s 49(4)
def year ins 1993 No. 32 s 3 sch 1
reloc 2013 No. 39 s 49(4)

© State of Queensland 2016
Current as at 22 March 2016 Page 133

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