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©State of Queensland

The Acts lnterpretation Acts, 1954 to 1962

Acts Interpretation Act of 1954, 3 Elir. 2 No. 3

Amended by

Acts Interpretation Act Amended Act of 1957, 6 Eliz. 2 No. 18

Acts Interpretation Acts Amended Act of 1960, 9 Eliz. 2 No. 14

:ts Interpretation Acts Amended Act of 1962, No. 2 of 1962

By Authority: S. G. REID, Government Printer, Brisbane-"1969

THE ACTS INTERPRETATION ACTS, 1954 to 1962

Acts Interpretation Act of 1954, 3 Elk 2 No. 3 Amended by

Acts Interpretation Act Amendment Act of 1957, 6 Eliz. 2 No. 18 Acts Interpretation Acts Amendment Act of 1960, 9 Eliz. 2 No. 14 Acts Interpretation Acts Amendment Act of 1962, No. 2 of 1962

An Act to Consolidate Certain Acts relating to the Shortening and Interpretation of Acts of the Legislature of Queensland, for the further Shortening and Interpretation of the Acts of such Legislature, and for other purposes.

[Assented to 27 April 19541 1. Short title. This Act may be cited as "The Acts Interpretation Act of 1954."

Collective title is now the Acts Interpretation Acts, 1954 to 1962; conferred by Act of 1962, No. 2 of 1962, s. 1.

2. (1) Repeal. The Acts specified in the Schedule to this Act are repealed to the extent in such Schedule indicated.

(2) Reference to the repealed Acts. In any Act (including any Order in Council, regulation, or other instrument thereunder) any reference to or citation of any enactment repealed by subsection one of this section, or of "The Acts Shortening Acts," shall be deemed, unless the context otherwise indicates or requires, to be a reference to or citation of this Act.

Act referred to:- Acts Shortening Acts, see now this Act, s. 2, Schedule.

APPLICATION OF THIS ACT 3. Application of tlhis Act. (1) Except where otherwise expressly provided, the several provisions of this Act shall apply to every Act (including this Act) of the Legislature of Queensland, passed on or after the thirty-first day of December, one thousand eight hundred and sixty-seven, whether before or after the commencement of this Act, and to every regulation made under any such Act, except in so far as-

(a) ~n~ 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 the case of a regulation, with the true intent and object of the Act under which such regulation purports to have been made; or

(b) The interpretation which any provision of this Act would give to anything contained in such particular Act or regula- tion is inconsistent with-

(i) The context thereof; or

ACTS INTERPRETATION ACTS, 1954 TO 1962 sS. 1-3 3

(ii) Any definition or interpretation contained in such particular Act or regulation or, in the case of a regulation, with any definition or interpretation contained in the Act under which such regulation purports to have been made.

(2) Where in this Act reference is inade to any Act passed after any date specified or indicated, such reference shall include every such Act, whether passed before or after the commencement of this Act.

(3) The fact that any provision of this Act refers in terms to an Act and not to regulations also shall not, by itself, be taken to indicate that such provision is intended to apply to Acts only.

(4) This Act shall be binding on the Crown.

(5) In this section the term "regulation" includes Proclamation, Order in Council, rule, by-law, and ordinance.

CONSTRUCTION SUBJECT TO LEGISLATIVE POWERS OF STATE 4. Acts to be construed subject to legislative powprs of State. Every Act shall be read and construed so as not to exceed the legislative power of the State, to the intent that, where any enactment or provision thereof, but for this provision, would be construed as being in excess of that power, it shall nevertheless be a valid enactment or, as the case may be, provision to the extent to which it is not in excess of that power.

MEANING OF ACT 5. ( 1 ) Act. In any Act, unless the contrary intention appears, the word "Act" used in relation to a legislative enactment shall include any Act duly passed by the Parliament of Queensland, or by any authority hereto- fore empowered to pass laws in Queensland, and to which assent has been duly given by, or on behalf of, Her Majesty.

(2) Act to include regulations, etc., made thereunder. In any Act every reference to any other Act, where the context admits and unless the contrary intention appears, shall include a reference to all Proclama- tions, Orders in Council, regulations, rules, by-laws, and ordinances, if any, made under that other Act.

REFERENCE TO AND CITATION OF ACTS 6. Reference to Acts. ( 1 ) An Act passed by the Parliament of Queensland may be referred to by the word "Act" alone.

(2) An Act passed by the Parliament of the United Kingdom of Great Britain and Northern Ireland may be referred to by the term "Imperial Act" or by the words "of the United Kingdom".

(3) An Act passed by the Parliament of the Commonwealth of Australia may be referred to by the term "Commonwealth Act" or by the words "of the Commonwealth".

(4) An Act passed by the Parliament of any other State of the Commonwealth may be referred to by a word or words indicating the name of that State.

7. Citation of Acts. ( 1 ) In any Act, instrument, or document- (a) Any Act may be cited by its short title, if any, or by reference

to the secular year in which it was passed and its number;

ACTS OF PARLIAMENT Vol. 1

(b) Any Imperial Act may be cited by its short title, if any, or by reference to the regnal year in which it was passed and its chapter;

(c) Any Commonwealth Act may be cited by its short title, if any, or by reference to the secular year in which it was passed and its number; and

(d) Any Act of any other State of the Commonwealth may be cited by a reference to the State by the Parliament whereof the Act was passed, together with such mode of reference as is sufficient in Acts passed by the Parliament of that State.

(2 ) Any enactment may be cited by reference to the part, section, subsection, or other division of the Act, Imperial Act, Commonwealth Act, or Act of any other State of the Commonwealth in which the enactment is contained.

( 3 ) Every such reference shall be made according to the copy of such Act printed by the Government Printer of Queensland, or the Queen's Printer, or the Government Printer of the Commonwealth, or of the other State of the Commonwealth in question, as the case may be, or purporting to be so printed.

(4) A description or citation in any Act of a portion of another Act shall be construed as including the word, section, or other part mentioned or referred to as forming the beginning and as forming the end of the portion comprised in the description or citation.

Amended by Act of 1962, No. 2, s. 2.

8. References to enactments amending or in substitution of Act referred to. In any Act any reference to or citation of an Act shall, where the context admits and unless the contrary intention appears, be deemed to include a reference to or citation of all enactments amending the Act so referred to or cited and to all enactments amending such amending enactments or any of them, and to any enactment substituted for the Act so referred to' or cited or for any of such amending enactments.

On the scope of this section see the judgment of the Full Court in Rogers v. Williams, Ex parre Williurns, [I9561 St. R. Qd. 100; 49 Q.J.P.R. 17, which the Full Court distinguished in Burt v. Barry & Roberts Lrd., Ex parte Burry & Roberts Ltd., [I9561 St. R. Qd. 207; 50 Q.J.P.R. 1.

9. References to repealed provisions. Where an Act repeals and re-enacts with or without modification any provisions of a former Act, references in any other Act to the provisions so repealed shall, unless the contrary intention appears, be construed as references to the provisions so re-enacted.

10. ( 1 ) Form of Acts. All Acts made and passed may be divided into sections if there are more enactments than one.

(2) Sections to be substantive enactments. Every section of an Act shall have effect as a substantive enactment without any introductory words.

ACTS INTERPRETATION ACTS, 1954 TO 1962 SS. 7-15 _s

11. Acts to be public Acts. Every Act passed after the twenty-sixth day of July, one thousand eight hundred and fifty-two, shall be deemed and taken to be a public Act and shall be judicially noticed as such unless the contrary is expressly provided by the Act.

Express provision to the contrary may be shown by the context. See Chorlton v. Lings [1868], L.R. 4 C.P. 374; Re England (1892), 13 N.S.W.L.R. (L.) 121. The Queensland Statutes (1962 Reprint) Act of 1962, s. 4, provides that the Statutes as printed in this reprint shall have certain probative effect and that the reprint shall be judicielly noticed.

Provision for judicial notice and for proof of Proclamations and Orders in Council made under statute and of private, local and personal Acts and journals of the Legislative Assembly is made by the Evidence and Discovery Acts, 1867 to 1960. ss. 1, 2, title EVIDENCE.

The Commonwealth Parliament, under power contained in s. 51 (xxv.) of the Constitution (title COMMONWEALTH AND STATES), has passed the State and Territorial Laws and Records Recognition Acts, 1901-1950. Section 3 of the 2901 Act (as amended by the 1928 Act) provides that all courts are to take judicial notice of all Acts of the Parliament of any State and of all ordinances of any territory. The Acts make further provision with respect to judicial notice and proof of records and laws in courts in the Commonwealth. Cf. the Evidence Act, 1898 of this State, title EVIDENCE.

For the distinction between public and private .Acts, see 42 English and Empire Digest, pp. 602, 603. As to judicial notice of public Acts, see Vol. 42, PP. 777, 778, and Vol. 22 (Rpl.) pp. 138, 139.

62. Acts may be altered, etc., in the same session. Every Act may be altered, amended, or repealed in the same session of Parliament in which it was passed.

93, Future Acts when binding on the Crown. No Act hereafter passed shall be binding on the Crown or derogate from any prerogative right of the Crown unless express words are included therein for that purpose.

As to the effect of statutes on the Crown generally, see 22 English and Empire Digest (Rpl.) pp. 138, 139.

14. Headings, schedules, marginal notes, and footnotes. ( 1 ) The headings of the parts, divisions, and subdivisions into which any Act is divided shall be deemed to be part of the Act.

(2) Every schedule to an Act shall be deemed to be part thereof. ( 3 ) No marginal note or footnote to any Act shall be deemed to

be part thereof. (4) No note to a section, subsection or paragraph of a section

or subsection of an Act appearing in and at the beginning of the section, subsection or paragraph shall be deemed to be part thereof.

Amended by Act of 1962, No. 2, s. 3.

15. Time of commencement of Acts. ( 1 ) Every Act shall commence and shall be deemed to have commenced-

(a) On the day on which the Governor gave or gives his assent thereto for and on behalf of Her Majesty; or

(b) In the case of an Act reserved for the signification of Her Majesty's pleasure thereon, on the day on which Her Majesty's assent thereto was or is proclaimed by the Governor in the Gazette,

unless the contrary is expressly provided in such Act.

6 ACTS OF PARLIAMENT Vol. 1

(2) Where any Act or part of an Act, or any instrument (including any Proclamations, Orders in Council, regulations, rules, by-laws, or ordinances made, granted, or issued under a power conferred by any Act) came or comes into operation on a particular day or was or is expressed to come into operation on a particular day, it shall be deemed to have come or shall come into operation immediately on the expiration of the day last preceding such day.

Acts of the Imperial Parliament were formerly deenred to commence from the first day of the session in which they were passed, unless some specific date for commencement were mentioned, R. v. Smirl~ [1910] 1 K.B. 17, at p. 24.

As to evidence of assent or disallowance, see Colonial Laws Validity Act, 1865, s. 6 (Imperial), title CONSTITUTION.

16. Evidence of commencement. The date appearing on the copy of any Act printed, or purporting to be printed, by the Government Printer, or printed on the copy of any Act in the Gazette, and purporting to be the date on which the Governor assented thereto, or made known Her Majesty's assent thereto, shall for all purposes be received as evidence that such date was the date on which the Governor so assented or made known such assent, and shall be judicially noticed.

17. Exercise of statutory powers between passing and commencement of Act. Where any Act or any part thereof is not to come into operation immediately on the passing thereof, and confers power to make any appointment, or to make, grant, or issue any instrument (including any Proclamations, Orders in Council, regulations, rules, by-laws, or ordinances), to give notices, lo prescribe forms, or to do any other thing for the purposes of the Act or part, that power may, unless the contrary sntention appears, be exerci ed at any time after the passing of the Act dr part, for the purpose of >ringing the Act or palt into operation at the -wnmencement thereof:

Provided that any appointment, instrument, notice, form, or other hing made, granted, issued, given, prescribed, or done under such

power shall not, unless the contrary intention appears in the Act or part, or the contrary is necessary for bringing the Act or part into operation, have any effect until the Act or part comes into operation.

This section was applied in Australian Allia~zce Assurance Co. Ltd. v. A.-G., 19161 St. R. Qd. 135; [I9171 A.C. 537.

See also R. v. Baggallay, [I9131 1 K.B. 290, at p. 320.

REPEAL AND EXPIRATION O F ACTS 18. Time of expiry when date specified in Act. Where any Act or part of an Act is expressed to expire, or to cease to operate, on a specified day, or to remain or to continue in force until a specified day, the operation thereof shall continue until the last moment of the day so specified.

19. Repeal of repealing Act not to revive prior enactments, Where any Act or part thereof repeals any Act or part of an Act by which a previous Act or part thereof was repealed, it shall not have the effect of reviving such Act or part previously repealed, unless it contains express words for that purpose.

This provision does not apply to a repeal by implication, Aarons v. Rees [I8981 15 (N.S.W.W.N.) 88.

ACTS INTERPRETATION ACTS, 1954 TO 1962 ss. 1530 7

20. ( 1 ) Saving of operation of repealed or expired Act as regards rights and liabilities thereunder, etc. Where any Act repeals or amends or has repealed or amended wholly or in part any former Act, or any Act or part of an Act expires or has expired, then, unless the contrary intention appears, such repeal or amendment or expiry shall not-

(a) Revive anythbg not in force or existing at the time at which such repeal or amendment or expiry took or takes effect; or

(b) Affect the operation of any repealed or amended or expired Act or part of an Act, or alter the effect of the doing, suffering, or omission of anything prior to such repeal or amendment or expiry; or

(c) Affect any right, interest, title, power, or privilege created, acquired, accrued, established, or exercisable, or any status or capacity existing, prior to such repeal or amendment or expiry; or

(d) Affect any duty, obligation, liability, penalty, forfeiture, or punishment incurred or imposed or liable to be incurred or imposed, prior to such repeal or amendment or expiry; or

(e) Affect any investigation, legal proceeding, or remedy in respect of any such right, interest, title, power, privilege, status, capacity, duty, obligation, liability, penalty, forfeiture, or punishment as aforesaid,

and any such investigation, legal proceeding, or remedy may be instituted, continued, or enforced, and any such penalty, forfeiture, or punishment may be imposed and enforced, as if the repealing or amending Act had not been passed, or as if the expired Act or part had not expired, as the case may be:

Provided that the provisions of this bubsection shall not prejudice or otherwise affect the provisions of section eleven of "The Criminal Code" in its application to punishments upon changes in the provisions of that Code.

(2) Matters in progress may be concluded under repealed enactment. Any Act or enactment, notwithstanding the repeal or expiry thereof, shall continue and be in force for the purpose of continuing and completing under such repealed or expired Act or enactment any act, matter, or thing commenced or in progress thereunder, if there is no substituted Act or enactment adapted to the continuance and completion thereof.

( 3 ) On and after the coming into operation of this Act, the provisions of subsections one and two of this section shall, unless the contrary intention appears, apply in respect of any instrument (including any Proclamations, Orders in Council, regulations, rules, by-laws, or ordinances) made, granted, or issued under any Act or enactment, which is or is deemed to be repealed, rescinded, or revoked, or amended, or which has or is deemed to have expired, as the case may be.

Act referred to: Criminal Code, see title CRIMINAL LAW.

See Queensland Trustees Ltd. v. Brisbane City Council and Cox, 119581 Qd. R. 518, where the Full Court held that an amendment to s. 52 (11) of the Local Government Acts 1936 to 1952 by the amending Act of 1954 did not affect any right or privilege created, acquired or accrued within the meaning of s. 20 (1) of this Act.

8 ACTS OF PARLIAMENT Vol. 1

As to the operation of s. 20 (1) (c) in preserving rights acquired under a repealed Act where the Court was unable to find in the repealing Act a contrary intention, see R. v. Burke, ex parte Benham (No. 2), [I9381 St. R. Qd. 165, and cf. Fcrrall v. Ferrall [I9521 V.L.R. 519.

Cf. the Statute Law Revision Act of 1908, s. 2, this title. This section alters the common law rule, see South Ausfralian Harbours

Board v. South Australian Gas Co. (1934), 51 C.L.R. 485. A provision similar to s. 20 ( 1 ) (c) was applied in relation to an industrial

award in R. V. Berge ex parte Brisbane City Council 25 Q.J.P.R. 39. Where, after judgment and notice of appeal therefrom under a Local Courts

Act, that Act was repealed, a similar provision was held to preserve the right of appeal under the Act in Harris v. A. G. Healing & Co. Pty. Ltd. (1927) S.A.S.R. 13 1.

Semble: Where liability under an Act arises only on the happening of several events, and repeal takes place before the happening of some of them, no liability can arise by virtue of the remaining events subsequently taking place, Registrar of Probates V. Angns (1921) 29 C.L.R. 477.

See also Colonial Sugar Refining Co. Ltd. v. Melbourne Harbour Trust Commissioners (1927) A.C. 343; 38 C.L.R. 547 (application of paragraph (b) to preserve title acquired by limitation); Foster v. Tokerau Maori Land Board (1916) N.Z.L.R. 1006 (effect of repeal on title to land); Symons v. R. [I9251 N.Z.L.R. 573 and Mathieson v. Eull [I9281 N.Z.G.L.R. 504 (meaning of "right accrued" in paragraph ( c ) ) re Cabinet makers (State) Award (1931) 30 N.S.WA.R. 38 (meaning of "the doing suffering or omission of anything" in paragraph (b) ) ; British Broken Hill Pty. CO. Ltd. V. Simmons (1921) 30 C.L.R. 102; Smith v. Motor Discounts Ltd. (1935), 54 C.L.R. 107.

The repeal of an Act displacing the common law does not necessarily revive the common law which had been displaced; it merely raises a presumption that such a revival was intended, Marshall v. Smith (1907), 4 C.L.R. 1617.

21. ( 1 ) Continuance of repealed provisions. Where any Act repeals in the whole or in part a former Act and substitutes provisions in lieu thereof, the repealed provisions shall, unless the contrary intention appears, remain in force until the substituted provisions come into operation.

(2) Continuance d existing regulations, etc. Where any repealing Act contains power to make any Proclamations, Orders in Council, regulations, rules, by-laws, or ordinances, all Proclamations, Orders in Council, regulations, rules, by-laws, or, as the case may be, ordinances made and immediately prior to the repeal in force under the repealed Act, so far as the same are not inconsistent with the provisions of the repealing Act, shall, unless the contrary is expressly provided, to that extent remain in force and shall be deemed to have been made under and for the purposes of the repealing Act, and may be repealed, rescinded, revoked, altered, varied, amended, or otherwise modified under that Act.

(3) Where Proclamations, Orders in Council, regulations, rules, by-laws, or ordinances made under any repealed Act have remained in force after the repeal of such Act, any general Proclamations, Orders in Council, regulations, rules, by-laws, or, as the case may be, ordinances made under any Act which has been substituted for the repealed Act shall supersede and have the effect of repealing those made under the repealed Act unless the contrary is expressly provided.

Section 21 ( 1 ) . Though provisions of a repealing Act (operative on a fixed date) are applicable to a locality only when proclaimed so, former provisions applicable t o it are by this subsection preserved only until the fixed date, Matthews v. Stevens [I9211 V.L.R. 111. Qzmere, the position where the repealing Act provides that it shall not be operative as regards the locality until proclaimed so, Matthews v. Stevens, supra, at p. 114.

ACTS INTERPRETATION ACTS, 1954 TO 1962 ss. 20-25 9

AMENDING ACTS 22. Acts amending other Acts to be construed therewith. Every Act or enactment amending a previous Act shall, unless the contrary intention appears, be read and construed with such other Act and as part thereof.

For a discussion of the principles relating to retrospective operation of amending statutes, see Maxwell v. Murphy ( 1956-1957), 96 C.L.R. 261.

POWERS CONFERRED AND DUTIES IMPOSED BY ACTS 23. Exercise of powers and performance of duties. Where any Act confers a power or imposes a duty, then, unless the contrary intention appears, the power may be exercised and the duty shall be perforrned-

(a) From time to time as occasion may require; and (b) If conferred or imposed on the holder or" any office as such,

by the holder for the time being of such office or by the person who for the time being occupies, or performs the duties of, that office.

Cf. the Interpretation Act, 1889 s. 32 (1) (Imperial), 24 Halsbury's Statutes of England, 2nd ed., p. 205.

For examples of the application of this section, see Battersea Borouglz Council v. Colrnty of London Electric Supply Co. Ltd. El9131 2 Ch. 248, at p. 256; R. v. Connell (1867), 6 N.S.W.S.C.R. 314; Re Cooper (1908), 14 A.L.R. (C.N.) 43 (trustee in bankruptcy bound to carry out duties).

For appearance of contrary intention, see Scarfe v. The Federal Commimioner oj Tu.ration (1920), 28 C.L.R. 271; Ex parte Lzicas (1902), 19 N.S.W.W.N. 98.

24. Power to make regulations, etc., includes power to repeal, etc. Where any Act confers a power to make, grant, or issue any instrument (including any Proclamations, Orders in Council, regulations, rules, by-laws, or ordinances), the power shall, unless the contrary intention appears, be construed as including a power exercisable in the like manner and subject to the like conditions, .if any, to repeal, rescind, revoke, alter, vary, amend, or otherwise modify any such instrument or any part of any such instrument.

25. Power to appoint includes power to remove, etc. ( 1 ) Where any Act confers a power to make any appointment to an office or place, the power shall, unless the contrary intention appears, be construed as including power-

(a) To appoint, permanently or temporarily, the person first appointed to that office or place;

(b) To remove or suspend any person appointed to that office or place;

(c) To appoint, permanently or temporarily, another person in the place of any person so removed or suspended;

(d) To reinstate or reappoint any person so removed or suspended;

(e) % appoint, permanently or temporarily, some person in the place of any deceased, sick, or absent holder of such appoint- ment, or some person to such office or place when from any cause the office or place has become vacant:

Provided that where the power to make any such appointment is exercisable only by a person or other authority upon the recommendation, or with the approval or consent of some other person or authority, or in a

10 ACTS OF PARLIAMENT Vol. 1

manner specified, the powers conferred by this section shall be exercisable only upon the like recommendation or with the like approval or consent, or in a like manner, as the case may be.

(2) Where any person is appointed under any such power as ~foresaid, for a fixed period, such person, unless the contrary inten~on

7pears, may be reappointed at the expiration of such period if still ,ualified under the Act conferring such power.

The power to remove and to suspend is "the statutory recognition of a ~ d m m o n law principle" (McCawley v. R. (1918) , 26 C.L.R. 9, at p. 46; reversed on appeal on another ground, [I9201 A.C. 691) . As to how far its enactment prevents appointments to public offices being made for a fixed term, see Geddes v. Magratil (1933) , 50 C.L.R. 520, at p. 533; Mansfield v. Blenheim Borough Council, [ I 9231 N.Z.L.R. 842.

26. When a power is discretionary and when not. Where in any enactment passed after the twenty-seventh day of November, one thousand eight hundred and fifty-eight, a power is conferred by the word "may" or by the words "it shall be lawful" or by the words "shall or may be lawful" applied to the exercise of that power, such word or words shall be interpreted to imply that the power may jbe exercised or not, at discretion; and where in any such enactment the word "shall" is applied to the exercise of any such power, such word shall be interpreted to mean that the power conferred must be exercised.

The discretion of the Governor in Council to approve insurance companies under the Workers' Compensation Acts, 1916 to 1961, s. 7 (title LABOUR) is absolute there being nothing to exclude the ordinary meaning of the word '6may" there used (Australian Alliance Assurance Co. Ltd. v. A.-G. for Queensland, [I9171 A.C. 537) .

Notwithstanding the use of "may" in this section, the particular Act conferring the power may, from its general scope, show that the duty must be exercised, and that there is not an arbitrary discretion (Smith v. Watson (1906) , 4 C.L.R. 802) . Thus where exercise of the power becomes necessary for purposes of the public good or private justice, it is compulsory. See Re Municipal District o f Lumbton ( N o . 2 ) , (18991, 20 N.S.W.L.R. ( L . ) 378.

A similar section was applied to the words "it shall be lawful" in Nixon v. Trustees of the Savings Bank of New South Wales (1863) , 2 N.S.W.S.C.R. ( L . ) 288.

In the case of a statute providing that the "Governor with the advice of the Executive Council shall grant a lease," it was held that the fact that .the Governor was to act with advice implied a discretion, and notwithstanding t h ~ s section the statute merely authorised the granting of a lease (Macdonald v. Tully (1869) , 2 S.C.R. 9 9 ) .

With regard to the distinction between directory and compulsory provisions, see R. v. Cooper (1890) , 4 Q.L.I. 5 , Chanter v. Blackwood (1904) , 1 C.L.R. 39.

27. Bower to hear and determine includes power to administer oath. Any court, judge, justice, officer, commissioner, arbitrator, or other person authorised by law, or by consent of parties, to hear and determine any matter or thing shall have authority to receive evidence and examine wirnesses and to administer an oath to, or take an affirmation from, all witnesses lawfully called before them respectively.

This section has no applicaticn to medical assessors appointed under the provisions of the Medical Act of 1939 (Michel v. Medical Board of Queensland [I9421 St. R. Qd. 1 ) .

The words "authority to receive evidence and examine witnesses" in a similar provision were held to include the receiving of evidence by the administration of interrogatories (Bond v. Murdoch (1921) 17 Tas. L.R. 8 4 ) .

A constable, though not mentioned in the section, may, under the direction of the Coui-t, administer an oath (R. v. Hayes (1909) , 12 N.Z.G.L.R. 5 5 3 ) .

ACTS INTERPRETATION ACTS, 1954 TO 1962 SS. 25-30 1 1

Every court has power to administer an oath, and the customary procedure is to leave it to be administered in the presence of the court by an officer of the court, or by any peace officer on duty in the court or by any person whom the court may order to adminjster it. When any person thus openly puts the proper form of language to a wltness who assents to it in the prescribed or customary manner, the witness is treated as having repeated that language. That is what is meant by adrn~nistering an oath. R. y. Hayes (supra).

Where actions in different jurisdictions are, by consent, heard together, it is very donbtful whether a witness is properly sworn who is merely once sworn

reference to the court or the case in which he is sworn. R. v. Hayes (supra) (per Chapman J. ) .

28. Construction of certain instruments. Where any Act confers upon any authority a power to make, grant, or issue any instrument (including any Proclamations, Orders in Council, regulations, rules, by-laws, or ordinances), then-

(a) Unless the contrary intention appears, expressions used in any instrument so made, granted, or issued shall have the same respective meanings as in the Act conferring the power;

(b) Where the context admits and unless the contrary intention appears, this Act shall apply to any instrument so made, granted, or issued as if it were an Act, and in the case of Proclamations, Orders in Council, regulations, rules, by-laws, or ordinances as if each such Proclamation, Order in Council, regulation, rule, by-law, or ordinance were a section of an Act; and

(c) Any instrument so made, granted, or issued shall be read and construed subject to the Act under which it was made, and so as not to exceed the power of that authority, to the intent that where any such instrument would, but for this section, have been construed as being in excess of the power conferred upon that authority, it shall nevertheless be a valid instru- ment to the extent to which it is not in excess of that power.

As to interpretation of by-laws under the Local Government Acts, 1936 to 1962, see s. 31 (26) of those Acts, title LOCAL AUTHORITIES.

A section similar to subsection (a ) was applied in McCawley v. R. [I9201 A.C. 691, at p. 717.

An intention contrary to its application was held not to appear in the Act considered in England V. Penfold [I9341 St. R. Qd. 12c; 28 Q.J.P.R. 90.

As to the application of s. 37 to regulations, see notes to that section.

29. Construction of resolutions of Legislative Assembly. Where any resolution is or has been passed by the Legislative Assembly in pur- ported pursuance of any Act, then, unless the contrary intention appears, the resolution shall be read and construed so as not to exceed the constitutional powers of that Assembly and subject to the Act under which it purports to have been passed, to the intent that where the resolution would, but for this section, have been construed as being in excess of authority, it shall nevertheless be a valid resolution to the extent to which it is not in excess of authority.

PRIVATE ACTS 30, No private Act to d e c t property of Crown or persons not named. A;ly Act in the nature of a private Act which affects or benefits the property of any particular person shall not, unless the contrary intention appears, be deemed, by reason of anything herein or therein contained,

I :! ACTS OF PARLIAMENT Vol. 1

to affect the rights of Her Majesty, or of any person, excepting those at whose instance or for whose especial benefit such Act may have been passed, and those claiming by, through, or under them, but all such rights, shall, unless the contrary intention appears, be deemed to be saved in such Act in the same manner as if a proviso for that purpose had been expressly inserted therein.

The insertion of the phrase "Unless the contrary intention appears" seems to be in response to the decision in Re Real Property Act, ex parte Pennington (1875) 13 N.S.W.S.C.R. 305.

THE CROWN 31. ( 1 ) Form of oath of allegiance. On and after the coming into operation of this Act and without prejudice to the provisions of any Act requiring the taking of a further oath of allegiance upon the demise of Her Majesty, there shall be substituted for the oath of allegiance prescribed by section one of the "Oaths Act of 1867," for the oath of allegiance prescribed by section four of the "Constitution Act of 1867," and for any oath of allegiance prescribed by or under any other Act an oath of allegiance in the following form:-

1, , do sincerely promise and swear that I will be faithful and bear true allegiance to Her Majesty, Queen Elizabeth the Second, as lawful Sovereign of the United Kingdom, Australia, and her other Realms and Territories, and to Her Heirs and Successcrs, according to law.

So HELP ME GOD!

(2) Name of the Sovereign. In the case of the demise of Her Majesty (whom may God long preserve) the name of Her hgajesty's successor according to law for the time being shall be substituted in the form of oath of allegiance prescribed by subsection one of this section instead of the name of Her Majesty.

( 3 ) References to the Crown, etc. In every Act and in every instru- ment made, granted, or issued under any Act, where the context admits and unless the contrary intention appears-

( a ) Reference to the Sovereign reigning at the time of the passing of such Act (or, in the case of any instrument there- under, at the time of the making, granting, or issuing of that instrument), or to "Her Majesty", "His Majesty", "the Queen", "the King". or "the Crown", shall be construed as references to the Sovereign for the time being, and, where necessary, shall include the heirs and successors of such Queen or King;

(b) References to any Style or Titles appertaining to the Crown at the time of the passing of such Act (or, in the case of any instrument thereunder, at the time of the making, granting, or issuing of that instrument), shall be construed as references to the Style and Titles appertaining to the Crown for the time being adopted, with the assent of the Parliament of the Commonwealth of Australia, by the Sovereign for the time being for use in relation to the Commonwealth of Australia and its Territories.

ACTS INTERPRETATION ACTS, 1954 TO 1962 SS. 30-33 I ?

(4) Forms. Where in any form or other document prescribed by any Act or by any instrument made, granted, or issued under any Act, a reference is made to any Style or Titles appertaking to the Crown at the time of the passing of that Act or, as the case may be, the making of that instrument then, if that reference is to be construed in accordance with paragraph ( b ) of subsection three of this section, in reprinting that form or other document the reference shall be altered so as to agree with the construction required by that paragraph (b) to be given thereto.

Acts referred to: Oaths Acts, 1867 to 1960, see title OATHS. Constitution Acts, 1867 to 1961, see title CONSTITUTION.

TERMS AND REFERENCES IN ACTS 32. Words and references in Acts. In every Act, unless the contrary intention appears-

(a) Writing. Expressions referring to writing shall be construed as including references to printing, painting, engraving, type- writing, lithography, photography, and any other mode what- ever of representing or reproducing wprds in a visible form;

(b ) Gender. Every word of the masculine gender shall be con- strued as including the feminine gender;

(c) Number. Every word in the singular number shall be con- strued as including the plural number, and every word in the plural number shall be construed as including the singular number;

(d ) Body corporate. Every word in either of the said genders or numbers shall be construed as including a body corporate as well as an individual; and

(e) Derivatives. Derivatives of any term to which a meaning is assigned by that Act shall have a corresponding meaning.

For an example of the application of a similar provision cf. Mason v. Teitlev [I9561 V.L.R. 90.

For an example of a contrary intention appearing see Healey v. Hambrook, [I9581 V.R. 232-a decision on s. 16 of the Acts Interpretation Act 1928, where the restricting phrase is "unless the contrary is expressly provided."

Gender and number: for a case in which the word "he" in a penal statute was construed to include females, see R. v. Smith (1861), Legge (N.S.W.) 1382. A person who sells land on behalf of one other person only is a real estate agent within s. 4 of the Auctioneers, Real Estate Agents, Debt Collectors and Motor Dealers Acts, 1922 to 1961, title AUCTIONEERS, REAL ESTATE AGENTS, DEBT COLLECTORS AND MOTOR DEALERS, Datliel v. Coull 25 Q.J.P.R. 115 . See also Barloiv v. Hriyes 4 W.W. and A'B (M) p. 73; Re Mahood's Settled Estate (1878) 4 V.L.R. (Eq.) p. 56, ("newspapers" held to include "newspaper"); E.t- parte Slack (1881) 7 V.L.R. (L) 28; R . V. Connell (1867) 6 N.S.W.S.C.R. 314; Re Williams, e.r parte Eng/efield [I9191 V.L.R. 566 ("creditor" who might issue debtor summons under Bankruptcy Act included "Creditors"); I t t rhe Trust Estate o f Healey (1881) 7 V.L.R. (Eq.) 1 (order capable of being made on petition of "person entitledv-all persons entitled must petition); Re TIlomas and Convie (1883) 9 V.L.R. (1 P. & M ) 2 (section providing for sequestration petition against "a debtor" allows a petition against several joint debtors); Re Harry Rickards (1874) 5 A.J.R. 103 (intent to defeat "creditors" as element in act of insolvency; intent to defeat one creditor sufficient). See also Mackay v. Kontos, ex parte Mackay [I9511 St. R. Qd. p. 37; 45 Q.J.P.R. 65, where the Court refused to read "persons" as including the singular.

Body corporate: See notes to s. 36 under heading "person".

33. References to Minister. (1 ) Where in any Act or enactment any Minister is referred to, such reference, unless the contrary intention appears, shall be deemed to include any Minister of the Crown in right

I I ACTS OF PARLIAMENT Vol. 1

of this State or any Member of the Executive Council of this State authorised and empowered for the time being to perform and exercise the duties, powers, and authorities imposed or conferred, by the Act or enactment in which or in respect of which the reference is made, upon such firstmentioned Minister.

(2) Without limit to the generality of the provisions of subsection one of this section whilst, pursuant to administrative arrangements by the Governor in Council, any Minister of the Crown is administering any Act or enactment in room of another such Minister authorised to administer that Act or enactment thereby, or by some other Act or enactment, then it is hereby declared that such firstmentioned Minister is authorised and empowered to perform and exercise any and every duty, power, or authority imposed or conferred upon that other Minister by that Act or enactment.

This subsection applies subject to "The Department of Justice Act of 1957."

(3) In any Act or enactment any reference to or definition of- (a) Any officer of the Crown to whom "The Officials in Parlia-

ment Acts, 1896 to 1953," (or any Act wherefor those Acts were substituted) applied or applies; or

(b) The term "Minister", wherein the word "Secretary" appears may be read as if the word "Minister" were substituted for the word "Secretary".

(4) Any notification of administrative arrangements by the Governor in Council distributing the public business, or any of that business, amongst the several Ministerial .Departments of the Government or any of those Departments, or showing the offices or any of the offices placed under the control of, or the Acts or any of the Acts administered by, each Minister of the Crown respectively, or by any such Minister, shall upon publication in the Gazette be judically noticed.

(5) For the purposes of this section the terms "Act" and "enact- ment" include Proclamations, Orders in Council, regulations, rules, by-laws, ordinances, and any other instruments made under any Act or enactment in question.

Amended by Act of 1957. 6 Eliz. 2 No. 18, s. 2. Acts referred to:

Department of Justice Act of 1957, see title CONSTITUTION. ~fficials in Parliament Acts, 1896 to 1961, see title CONSTITUTION.

34. References to an officer in general terms. Where in any Act any person holding or occupying a particular office or position is mentioned or referred to in general terms, such mention or reference, unless the contrary intention appears, shall be deemed to include any person who at any time for the time being occupies, or performs the duties of, such office or position. 35. References to particular officers, etc. In every Act, unless the contrary intention appears-

(a) References to any officer or office shall be construed as references to such officer or office in and for this State; and

(b) References to localities, jurisdictions, and other matters and things shall be construed as references to such localities, jurisdictions, and other matters and things in and of this State.

ACTS INTERPRETATION ACTS, 1954 TO 1962 SS. 33-36 I S

With respect to similar references in Acts of the New South Wales Parliament, passed prior to the creation of this State, see the Supreme Court Act of 1867, s. 36. title SUPREME COURT. . .

with respect to application of this section to "actions" within the Magistrates courts Acts, 1921 to 1954, s. 4 (title JUSTICES), see Mutch v. Dalley, [1g23] st. R. Qd. 138, at p. 143.

This section does not apply where an Act provides that an examination de bene esse may be taken before a "practising barrister or attorney." (Thorne v. ~ m d (1883), 4 N.S.W.L.R. (L.) 339.)

For a case in which a corresponding Commonwealth provision was held not to apply, or to be excluded by the appearance of a contrary intention, see jackson v. Federal Commissionfr .of Taxation (1920), 27 C.L.R. 503. As to what are contractual obligations wlthin and of this State, see Wanganui-Rangitikei Electric Power Board v. Australian Mutual Provident Society (1933), 50 C.L.R. 581.

As to the scope of this section in criminal jurisdiction, see the judgment of Henchman J. in R. v. Byrne (NO. 2 ) [I9381 St. R. Qd. 141.

36. Meanings of certain terms. In every Act, unless the contrary inten- tion appears, the following terms shall have the meanings respectively assigned to them, that is to say:-

"Alien9'-A person who is an alien under the provisions of the Nationality and Citizenship Act 1948- 1953, of the Common- wealth, or of any Commonwealth Act amending or in sub- stitution for that Commonwealth Act;

"Attorney-General3'-The Attorney-General of this State or the Minister of Justice or other Minister of the Crown in right of this State or Member of the Executive Council of this State authorised and empowered to perform and exercise for the time being the duties, powers, and authorities imposed or conferred upon the Attorney-General by the Act;

"Australian citizen"-A person who is an Australian citizen under the provisions of the Nationality and Citizenship Act 1948-1953, of the Commonwealth, or of any Common- wealth Act amending or in substitution for that Common- wealth Act;

"British possession"-Any part of Her Majesty's dominions, exclusive of the United Kingdom, and, where parts of such dominions are under both a central and a local Legislature, all parts under the central Legislature shall be deemed, for the purposes of this definition, to be one British possession;

"British subject9'-A person who is a British subject under the provisions of the Nationality and Citizenship Act 1948-1953, of the Commonwealth, or of any Commonwealth Act amend- ing or in substitution for that Commonwealth Act;

"Burial"-Includes any cremation duly performed under the provisions of "The Cremation Acts, 19 13 to 1935";

"By-lawsy'-By-laws made under the Act; "~bmmencement"-when used in reference to an Act, means

the time when that Act came or comes into operation; "Comonwea1th"-The Commonwealth of Australia; "Commonwealth Parliamentw-The Parliament of the Comrnon-

wealth; "Consolidated Revenue" or "Consolidated Revenue Fund7'-The

Consolidated Revenue Fund of this State;

16 ACTS OF PARLIAMENT Vol. 1

"Constitution of Queens1and"-The Order in Council of Her late Majesty Queen Victoria dated the sixth day of dune, one thousand eight hundred and fifty-nine (referred to in the preamble to the "Constitution Act of 1867") and the "Con- stitution Act of 1867," and each and every Act amending, altering, or repealing, or purporting to amend, alter, or repeal, any of the provisions of the aforementioned Order in Council and Act, or either of them;

"Court of Criminal Appealv-The Supreme Court acting and duly sitting as the Court of Criminal Appeal;

"Estate"-Used in reference to land, includes any estate or interest, easement, right, title, claim, demand, charge, lien, or encumb- rance, at law or in equity, in, over, to, or in respect of the land;

"Executive Council"-The Executive Council of this State; "Gazette," "Government Gazette," or "Queensland Government

Gazette3'-The Queensland Government Gazette published, or purporting to be published, by or under the authority of the Government of this State;

"Gazetted"-Published in the Gazette; "Government Printer7'-The Government Printer for this State,

and includes any person for the time being acting as Govern- ment Printer for this State, and also any person authorised by the Government of this State to print any matter;

"Governor"-The Governor of this State, or the person for the time being administering the Government of this State;

"Governor in Council"-The Governor acting by and with the advice of the Executive Council;

"Imperial Parliament" - The Parliament of the United King- dom of Great Britain and Ireland or the Parliament of the United Kingdom of Great Britain and Northern Ireland, according as it relates to a matter before or since the twelfth day of April, one thousand nine hundred and twenty-seven;

Indictment7-Includes "information," "inquisition," and "present- ment," and the terms "finding of the indictment" include "the taking of an inquisition," "the exhibiting of an information," and "the making of a presentment";

-3ndustrial Court"-The Court established by and constituted in accordance with "The Industrial Conciliation and Arbitration Acts 1932 to 1953";

"Industrial magistrateH-An industrial magistrate within the mean- ing of "The Industrial Conciliation and Arbitration Acts, 1932 to 1953";

"Judge"-A Judge of the Supreme Court; "J~stice'~-A justice of the peace for the State; 'bLand'7-Includes messuages, tenements, and hereditaments, cor-

poreal or incorporeal, of any tenure or description, and what- ever may be the estate or interest therein, unless where there are words to exclude houses and buildings or to restrict the meaning to tenements of some particular tenure or to some particular estate or interest;

"Legislative Assembly"-The Legislative Assembly of Queensland;

-S INTERPRETATIOX ACTS, 1954 TO 1962 s. 36 17

hgis1ature"-The Legislature of this State for the time being however constituted;

"Month3'-A calendar month; "Oath" and "affidavitv-In all cases -where persons are allowed

by law to affirm, declare, or promise, instead of swearing, include affirmation, declaration, and promise, and the word "swear" shall in the like case include affirm, declare, and promise;

"Order in Council"--An Order in Council made under the Act by the Governor in Council;

''Parliament'?-The Parliament of this State for the time being however constituted;

"Person" or "party"-Includes a body corporate; ..- -

A!--- -:++;-.)R Qc 9 rnllft of ~ e t t v sessinns and (2j tI-12 definition " Petty Sessions 9 . ; j 1 L; 7 ~ ~ L I U U C S al ly u--r-- -

sessions whkn authoris& to do any aG alone; "Prescribed"-Prescribed by the Act, or by Proclamation, Order

in Council, regulation, rule, by-law, or ordinance made there- under;

"Proclamation"-A Proclamation made under the Act by the Governor in Council;

"Property"-Includes goods, chattels, money, valuable securities, and every other matter or thing, whether real or personal, upon or with respect to which any offence may be committed;

"Public holidayv-A day appointed by or under "The Holidays Acts, 19 12 to 1935," or any other Act as a public holiday;

"Regulations"-Regulations made under the Act; "Rules"-Rules made under the Act; "Sitting days"-Used in relation to Parliament, mean days on

which Parliament actually sits for the despatch of business; "Statem--The State of Queeensland; "Statutory declaration" or "solemn declaration"--A declaration

made under the authority of any Act; "Stipendiary magistrate"-A stipendiary magistrate appointed by

or under "The Justices Acts, 1886 to 1949"; "Supreme Court3?-The Supreme Court of this State; "This Act9'-Includes Proclamations, Orders in Council, regula-

tions, rules, by-laws, and ordinances made under the Act; "United Kingdom"-The United Kingdom of Great Britain and

Northern Ireland. Acts referred to:

Nationality and Citizenship Act, 1948- 1960, (Commonwealth). Cremation Acts, 1913 to 1961, see title CREMATION. Constitution Acts, 1867 to 1961, see title CONSTITUTION. Industrial Conciliation and Arbitration Acts, 1932 to 1959, see now the

Industrial Conciliation and Arbitration Act of 1961, title LABOUR. Holidays Acts, 1912 to 1961, see title HOLIDAYS. Justices Acts, 1886 to 1960, see title JUSTICES.

18 ACTS OF PARLIAMENT VoL 1

Land: See Re Seccombe [I9481 St. R. Qd. 11 (grazing homestead is "land"). The definition includes agricultural farms under the Land Acts 1910 to 1962, title LAND, Re Sheedy (1935) Q.W.N. 7. For an application of a similar provision and the meaning of the words "tenements" and "hereditaments", see ex parte McGregor (1881) 2 N.S.W.L.R. (L.) 45. Leaseholds are included, R. v. New Zealand Insurance Co. Ltd. (No. 1) (1916) N.Z.L.R. 463. See also McCormick v. Allen (1926) 39 C.L.R. 22; City Mutual Life Assurance Society Ltd. v. Smith (1932) 48 C.L.R. 532.

Legislature: With respect to the constitution of the Legislature, see title CONSTITUTION, particularly the Constitution Act Amendment Act of 1922.

Month: The definition was held to apply to the interpretation of a company's articles of association which expressly excluded Table A but nevertheless contained many articles similar in terms to those of Table A, Broadwater Tin Mining Co. v. Oliver (1874) 4 Q.S.C.R. 91. Cf. Fell v. Derby Leather Co.. Ltd. [I9311 2 Ch. 252, and R. v. Governor of the Metropolitan Gaol El9491 V.L.R. 91, at p. 93.

Oath, etc.: See generally, title OATHS. Person: See Barcaldine Shire Council v. Spence [I9441 St. R. Qd. 18. This

provision merely enacts a rule of the common law (per Madden C.J. in Re Chaf7ey Bros. Ltd. (1896) 21 V.L.R. 727, at p. 736.

The word "person" in the Supreme Court Act of 1867, s. 41, title SUPREME COURT, which makes it an offence for persons, with certain exceptions, t o draw instruments relating to real estate for a fee, includes corporations, R. v. Police Magistrate at Brisbam, ex parte Knott [I9241 St. R. Qd. 223.

As to when the word "person" in statutes includes a body corporate, see also Leske v. S.A. Re~al Estate Investment Co. Ltd. (1930) 45 C.L.R. 22 ("person" to whom money might be paid--company included); Spiller v. The Dental Board (2918) 18 N.S.W.S.R. 192 (unregistered "person" not to practice dentistry); 0 . F. Nelson & Co. Lrd. v. The Police 119321 N.Z.L.R. 337 (no "person" to aid or encourage a seditious enterprise); R. v. Panton (1888) 14 V.L.R. 836 ("persons" who may be guilty of knowingly having in their possession unwholesome meat for purposes of sale includes companies); Christophers v. Mutual Store Lid. (1890) 16 V.L.R. 172 ("persons" prohibited from using term "veterinary" unless registered include corporations); Moe Coal Mining Co. Ltd. V. Lithgow (1894) 20 V.L.R. 80 ("persons" to whom mineral leases may be granted include companies); Re Chaffey Bros. Ltd. (1896) 21 V.L.R. 727 ("persons" bills of sale over whose property required to be registered, do not include companies); The Ruby Extended Tin Mining Co. Ltd. v. Woolcott (1880) 6 V.L.R. (L.) 301 ("person'" who may register and obtain execution of judgment of another colony includes a corporation).

An indictment will not be against a corporation for a crime involving personal violence, R. v . Cory Brothers & Co. [I9271 1 K.B. 810; [I9271 All E.R. Rep. 438. As to crimes involving fraudulent intent, see R. v. Australasian Films Ltd. (1921) 29 C.L.R. 195. See also 96Halsbury's Laws of England, 3rd ed. 90 and Vol. 10, pp. 281, 366. See 13 English and Empire Digest (Rpl.) p. 327 et seq. See also Alford v. Riley Newman Ltd. (1934) 51 N.S.W.W.N. 82.

State: For the boundaries of Queensland, see Letters Patent of 6 June 1859 constituting the State of Queensland and the Queensland Coast Islands Act of 1879, title CONSTITUTION.

DISTANCE AND TIME 37. Measurement of distance. In the measurement of any distance for the purpose of any Act, such distance shall be measured along the shortest road ordinarily used for travelling unless the intention appears that such distance shall be measured in a straight line on a horizontal plane or in some other manner.

Distance: The section applies to distances by sea as well as by land (Allen v. Grosskreutz, [1910] St. R. Qd. 26; [I9101 Q.W.N. 17; 3 Q.J.P.R. 169). In that case, however, where the distances referred to were those from Townsville p r - ~ r i b e d for the purposes of time for application for an order to quash the decis~on of justices, under the Justices Act of 1886, s. 211 (title JUSTICES), it was held that the miles referred to were land miles whether they were to be measured by land or sea.

ACTS INTERPRETATION ACTS, 1954 TO 1962 SS. 36-39 19

Where the distances in question related to country in which there were no roads or routes, it was held that measurement in a horizontal plane was meant (Sievers v. McAuly (1879), 1 Q.L.J. Supp. 54).

The section applies to the interpretation of regulations made under a statute. A "road ordinarily used in travelling" may be one which runs over private

land (Allen v. Grosskreutz, supra). The application of this section is excluded by the context of the Justices Acts,

1886 to 1960, s. 139 (title JUSTICES), which allows the hearing and determination in a court of petty sessions of simple offences committed within twenty miles beyond the boundary of the petty sessional district (Union Bank of Australia Lrd. v. Broom, [I9041 St. R. Qd. 215; [I9041 Q.W.N. 62).

38. Reckoning of time. (1 ) Where in any Act any period of time dating from a given day, act, or event is prescribed or allowed for any purpose, such period shall, unless otherwise expressly provided, be reckoned exclusively of such day, or of the day of such act or event, but inclusively of the day on which the purpose is to be fulfilled.

(2) Where in any Act any period of time dating from a given day, act, or event is prescribed or allowed for any puTpose and such period is expressed to be a specified number of clear days or to be a specified number of days at least, the same shall be reckoned exclusively both of the given day or day of the specified act or event, and also of the day on which the purpose is to be fulfilled.

( 3 ) Where the last day of any period of time prescribed or allowed or reckoned by any Act for the doing of anything falls on a Saturday, Sunday, or a day which is a public holiday throughout the State or in that part of the State in which such thing is to be or may be dbne, such thing may, unless otherwise expressly provided, be done on the day next following such Saturday, Sunday, or public holiday which is not itself a Saturday, a Sunday, or a public holiday as aforesaid.

(4) Where the last day of any period of time prescribed or allowed or reckoned by any Act for the sling or registration of any document or instrument falls on a day on which the office in which such filing or registration is to be effected is not open, such document or instrument may be filed or registered on the first ensuing day on which such office is open.

(5) Where no time is prescribed or allowed within which anything shall be done, such thing shall be done with all convenient speed, and as often as the prescribed occasion arises.

See also R.S.C. 1900, Order 90 rules 1, 2, title SUPREME COURT; Local Government Acts, 1936 to 1962, s. 52 (4). title LOCAL AUTHORITIES.

The Standard Time Act of 1894, title TIME, makes provision with respect to referenceq to times of the day or night.

The provision excluding the day of the act or event after which time is to be reckoned does not apply to the time for appearance after service limited by R.S.C., 1900 Order 5 Rule 9. title SUPREME COURT, W. Lovelock & Co. Ply . Lrd. v. Verrall 119351 Q.W.N. 32.

A provision similar to subsection 1 was held not to apply where a Bankruptcy Act directed the Sheriff to -retain the proceeds of a sale "for seven days and if within the time" notice of a bankruptcy petition was served upon him he was to pay the proceeds to the official assignee. Reid v. Goold (1889) 10 N.S.W.L.R. (L) 175. C f . Re Cllislzolnz (1889) 6 N.S.W.W.N. 19.

See Eggensdorf v. Eggensdorf [I9581 Q.W.N. 16 where Wanstall J. made an order abridging the time for filing an order for trial, the order for trial having been inadvertently filed on the tenth day before the day fixed for hearing the action instead of on the eleventh day as required by A.S.C. (1900) Order 15 Rule 12 and s. 38 (2) of this Act.

20 ACTS OF PARLIAMENT Vol. 1

39. ( 1 ) Meaning of service by post. Where any Act authorises or requires any document to be given, sent, served, or delivered by post, then, unless the contrary intention appears, such giving, sending, serving, or delivery shall be deemed-

' (a) To be effected by properly addressing, prepaying, and posting a letter or packet containing such document; and

(b) Unless the contrary is proved, to have been effected at the time when the letter or packet would be delivered in the ordinary course of post.

(2) Registered post. Where any Act authorises or requires any document to be given, sent, served, or delivered by registered post, the letter or packet referred to in subsection one of this section shall be. duly registered as provided by the postal regulations for the time being in force.

( 3 ) Except where gtherwise expressly provided, the letter or packet referred to in subsection one of this section may be addressed to the usual or last known place of business or residence of the person to whom it is to be given or sent, or on whom it is to be served or delivered.

(4) Subsection two of this section applies subject to this subsection. Where any Act authorises any document to be served by registered

post, whether the expression "serve", "give", "deliver", or "send", or any other expression is used, then, unless the contrary intention appears, the Act shall be deemed to provide that service may be effected by certified mail service as provided by the postal regulations for the time being in force.

As amended by Act of 1960, 9 Eliz. 2 No. 14, s. 2. See Walthamstow Urban D.C. v. Henwood [I8971 1 Ch. 41 (necessity for

proving prepayment of postage). As to posting generally, see 22 English and Empire Digest (Rpl.) 361 et seq, and 15 Halsbury's Laws of England, 3rd ed. p. 406.

As to the legal effect of communications by post, see 37 English and Empire Digest p. 379.

Many Acts make special provision for service by post. See for example, the Hire Purchase Act of 1959, s. 42, title HIRE PURCHASE.

FORMS 40. Variation of forms. Whenever, by any Act or by any instrument made thereunder, forms 'are prescribed, it shall be deemed to be provided, unless the contrary intention appears and provided that deviations from the prescribed forms occurring therein are not calculated to mislead, that forms to the like effect shall be sufficient.

PENALTIES 41. Penalties. ( 1 ) Where in any Act or enactment a penalty is prescribed in respect of any contravention thereof or failure to comply therewith, whether by way of fine or a term of imprisonment, the same shall be construed, unless otherwise expressly provided, to mean that such con- travention or failure, whether by act or omissicn, shall be punishable upon conviction by a fine or term of imprisonment, as the case may be, not exceeding that prescribed in such Act or enactment.

ACTS INTERPRETATION ACTS, 1954 TO 1962 ss. 39 43 2 1

(2) Where in any Act a penalty, whether by way of fine or a term of imprisonment, is set out-

(a) At the foot of any section or subsection thereof, or (b) At the foot of any paragraph of any section or subsection

thereof (but not at the foot of a section or subsection), the same shall indicate, unless the contrary intention appears, that any contravention of or failure to comply with such section, subsection, or paragraph, as the case may be, whether by act or omission, shall be an offence against the Act and shall be punishable upon conviction by a penalty not exceeding the penalty so set out, or, if both a minimum and a maximum penalty are prescribed, by a penalty not less than such minimum and not exceeding such maximum.

( 3 ) Where a daily penalty is specified in any Act or enactment in respect of any contravention thereof or failure to comply therewith, the same shall indicate, unless the contrary intention appears, that a penalty not exceeding the penalty so specified may be imposed in respect of every day on which the offence has continued, in addition to any general penalty prescribed.

(4) Any imprisonment imposed by or authorised to be imposed under any Act may, unless the contrary intention appears, be imposed with or without hard labour.

42. Who may in general sue for penalties. Any penalty or forfeiture imposed or made by, or authorised to be imposed or made under, any Act may be sued or proceeded for by any person whomsoever unless by the Act imposing or making or authorising the imposing or making of the same such right to sue or proceed shall be expressly given to any officer or person by name or designation.

See Hall v. Larsen, ex parte Larsen, [I9431 St. R. Qd. 206; 37 Q.J.P.R. 121. See also Bergin v. Hobaphel [I9531 St. R. Qd. 167; 47 Q.J.P.R. 125. -

This section was applied in Walker v. Gray [I9071 Q.W.N. 29; 1 Q.J.P.R. 38, to meet the contention that the prosecutor had no authority to prosecute. In a case where this section is applicable an allegation in the complaint of authority to prosecute is surplusage and need not be proved (Burns v, Evans, [I9271 St. R. Qd. 207; [I9271 Q.W.N. 31; 21 Q.J.P.R. 62).

The State Children Acts, 1911 to 1955, s. 65 (3) (title CHILDREN), does not have the effect of limiting the taking of prosecutions under Part IV. of that Act to the persons referred to in that section (McClintock v. Noflke, [I9361 St. R. Qd. 73; 30 Q.J.P.R. 45).

The Railways Acts, 1914 to 1961, s. 8 (title RAILWAYS AND TRAMWAYS), which constitutes the Commissioner for Railways a corporation with power to sue and be sued and confers on him the rights of the Crown for purposes of that Act, does not take prosecutions under that Act out of this section (Burps v. Evans, [I9271 St. R. Qd. 207; 119271 Q.W.N. 31; 21 Q.J.P.R. 62). As to when a right to sue is expressly given to some officer or person, see also Gilmour v. Bastian (1917), 24 C.L.R. 14; Bedingfeld v. Keogh (1912), 13 C.L.R. 601; Ex parre MacFarlane (1926), 26 N.S.W.S.R. 473; Mettam v. Squire (1906), 23 N.S.W.W.N. 17; Langham v. Beaublanc (1882), 3 N.S.W.L.R. (L . ) 366; White v. Phipps ,( 1932), 32 N.S.W.S.R. 448; Whitmore v. Bohrsman (1932), 49 N.S.W.W.N. 73.

For periods of limitation of proceedings for penalties, see the Justices Acts, 1886 to 1960, s. 52, title JUSTICES; Statute of Frauds and Limitations of 1867, s. 22, title FRAUDS AND LIMITATIONS.

43. Appropriation of penalties when Act silent. Where any penalty or forfeiture is imposed or made by, or authorised to be imposed or made under, any Act, such Act, unless otherwise expressly provided, shall be deemed to provide that the same, when recovered, shall be paid--one

31 ACTS OF PARLIAMENT Vol. 1

moiety thereof to the Consolidated Revenue Fund, to be applied for the public uses of this State or in such other manner as may from time to time be directed by any Act, and the other moiety thereof to the informer or person prosecuting or suing for the same unless in the exercise of any power conferred by any Act such other moiety or part thereof is ordered to be withheld, when it shall be paid and applied in accordance with the provisions of this section relating to the firstmentioned moiety.

As to when this section applies, see O'Brien v. Doug2a.s [I9051 St. R. Qd. 142; [I9051 Q.W.N. 54.

As to whether the informer or prosecutor is entitled to recover his moiety in proceedings against the government where the whole penalty has been paid into court, see R. v. Tupholme (1864), 3 N.S.W.S.C.R. (L.) 341.

Notwithstanding this section, justices hearing a case may deprive an informer, not being a party aggrieved, of the whole or any part of his moiety (the Justices Acts, 1886 to 1960, s. 178, title JUSTICES). The Governor is entitled to remit penalties under s. 177.

Provision with regard to compounding penal actions is made by R.S.C. (1900), Ord. 56, title SUPREME COURT.

A number of Acts make specific provision with respect to application of penalties imposed thereby, e.g. Companies Act of 1961, s. 381, title COMPANIES; Hawkers and Pedlers Act of 1849, s. 26, title HAWKERS; Distress Replevin and Ejectment Act of 1867, s. 142, title LANDLORD AND TENANT; Distilleries Act of 1849, s. 126, title LIQUOR; Brewers Act of 1850, s. 8, title LIQUOR; Mines Regulation Act of 1910, s. 64, title MINING; Trust Accounts Acts, 1923 to 1959, s. 5 (2 ) , title TRUSTEES AND EXECUTORS; Vagrants, Gaming, and Other Offences Acts, 1931 to 1962, s. 51, title VAGRANTS.

SUMMARY PROCEEDINGS 44. Summary proceedings. (1) Where any Act or enactment expressly or by implication provides that any matter or proceeding is to be heard and determined summarily, or by or before justices or a stipendiary magistrate, or that any offence is to be punishable upon summary con- viction, such Act shall be deemed to provide, unless the contrary intention appears, that such matter or proceeding shall be heard and determined, or that proceedings in respect of such offence shall be taken, in a summary way under "The Justices Acts, 1886 to 1949," and that any penalty or forfeiture imposed in respect thereof may be enforced and recovered as provided by that Act.

(2) Where by any Act an offence not declared expressly or by implication to be an indictable dffence is constituted or made punishable, or any penalty or forfeiture isb imposed or authorised to be imposed in respect of any matter, and such Act contains no provisions for proceeding in respect thereof, such Act shall be deemed to provide, unless the con- trary intention appears, that d l pioceedings in respect of that offence or matter shall be heard and determined, and all penalties and forfeitures may be enforced and recovered in a summary way under "The Justices Acts, 1886 to 1949."

Act referred to: Justices Acts, 1886 to 1960, see title JUSTICES.

As to what is a "forfeiture", see R. v. O'Flaherty (1883), 9 V.L.R. (L.) 14.

OFFENCES UNDER TWO OR MORE LAWS 45. Alternative procedure in respect of offences. Except where otherwise expressly provided, where an act or omission constitutes an offence under each of two or more Acts or both under an Act and at common law, the

ACTS INTERPRETATION ACTS, 1954 TO 1962 SS. 43-48 2 3

offender may be prosecuted and punished under either or any of such Acts or at common law, as the case may be, but so that he is not twice punished for the same offence.

A similar provision was considered by the Supreme Court of South Australia in O'Suliivari v. Friebe, [I9561 S.A.S.R. 89.

CORPORATIONS 46. Corporations. (1) Every provision of an Act relating to offences punishable on indictment or s lmmary conviction shall, unless the contrary intention appears, be deemed to refer to bodies corporate as well as to persons,

(2) Where under any Act any forfeiture or penalty is payable to a party aggrieved, it shall be payable to a body corporate where the body corporate is the party aggrieved.

(3) Except where otherwise expressly provided, where the penalty prescribed in any Act in respect of any offence is a term of imprisonment only, the court before which the offence is tried may, if it thinks fit, in the case of a body corporate, impose a fine not exceeding-

(a) Where the term of imprisonment does not exceed six months- five hundred pounds;

(b) Where the term of imprisonment exceeds six months but does not exceed one year--one thousard pounds;

(c) Where the term of imprisonment exceeds one year but does not exceed two years-two thoustiild five hundred pounds; and

(d) Where the term of imprisom-nt exceeds t~o'~ears-five thousand pounds.

Aa indictment will not be against a corporation for a crime involving personal violence, R. v. Cory Brothers & Co. [I9271 1 K.B. 810; [I9271 All E.R. Rep. 438. As to crimes involving fraudulent intent, see R. v. Australasian Films Ltd. (1921) 29 C.L.R. 195. See also 9 Halsbury's I ~ w s of England, 3rd ed. 90 and Vol. 10, pp. 281, 356. See 13 English and Empire Digest (Rpl.) p. 327 et seq. See also Alford v. Riley Newrnan Ltd. ( 1934) 51 N.S.W.W.N. 82.

PRINTING AMENDMENTS 47. ( 1 ) Printing of amendments in Acts. Where by or under the authority of any Act any part, section, subsection, schedule, paragraph, or any word or words is or are directed to be inserted in or omitted from any Act, or to be substituted for or inserted in lieu of any part, section, subsection, schedule, or paragraph, or any word or words of any Act, then in all copies of the Act so amended printed by the Goveinment Printer the part, section, subsection, schedule, paragraph, or word or words shall be inserted or omitted or substituted in accordance with such direc- tion, and all necessary consequential amendments of marginal notes, head- ings, and divisions shall be made, and references shall be made in suitable places to the Act by or under the authority of which such amendn1ent.s were made.

No amendment shall merely by force of such direction have any retrospective operation.

(2) Abrogated provisions. Without limiting the provisions of sub- section one of this section, where any enactment in any Act relating to the practice or procedure of the Supreme Court has been or is in pursuance of statutory authority in that behalf abrogated by Rules of the Supreme

24 ACTS OF PARLIAMENT Vol. 1

Court, then in all copies of such Act printed by the Government Printer the enactment so abrogated shall be omitted, and reference shall be made in a suitable place to the Rule of Court whereby such abrogation was made.

As to incorporation of amendments, see also the Statute Law Revision Acts, 1908 to 1959, s. 3, p. 109, post.

Provision is made for the appointment of a Government Printer by the Evidence and Discovery Act of 1867, s. 77, title EVIDENCE.

For power to modify certain statutes by rules of court, see the Supreme Court Act of 1921, s. 11 ( 3 ) , title SUPREME COURT.

JURORS 48. Mode of pleading -tion in lieu of oath. Wherever i~ any legal proceeding whatsoever any other legal proceedings may be set out it shall not be necessary to specify that any particular persons who acted as jurors had made affirmation or declaration instead of oath, but if it is stated in such firstmentioned proceedings or in any record whatsoever that the jurors served and acted as jurors (in the same manner as if no Act had passed for enabling persons to serve as jurors without oath) such proceedings or record shall not be held insufficient in respect thereof.

PROCLAMATIONS AND ORDERS IN COUNCIL 49. Conditions precedent need not be recited. Where the Governor in Council or any specified officer is empowered to make or issue any Pro- clamation, Order in Council, or other instrument, it shall not be necessary to recite or set forth therein any facts or circumstances or the performance of any conditions precedent upon which the power authorising the making or issue of the same depends or may be exercised.

RULES OF COURT 50. Rules of Court. (1) In any Act, unless the contrary intention appears, the expression "Rules of Court" when used in relation to any court shall mean rules made by the authority having, for the time being, power to make rules or orders regulating the practice and procedure of such court.

(2) The power of such authority to make Rules of Court shall, unless the contrary intention appears, include power to make Rules of Court for the purpose of any Act which directs or authorises anything to be done by Rules of Court.

See Rules of the Supreme Court of 1900, title SUPREME COURT; DisOrid Court Rules, 1959, see title DISTRICT COURTS; Magistrates Courts Rules, 1960, see title JUSTICES.

51. Judges of Supreme Court. Where any power or authority is given by any Act to the Judges of the Supreme Court collectively to make or approve of any general rules or orders of the Supreme or any inferior court then, unless the contrary intention appears, the same may be exer- cised by a majority of Judges of whom the Chief Justice (or in the case of a vacancy in such office then the senior Puisne Judge) shall be one.

52. Effect of Acts in relation to Irish citizens. All Acts in force on the twenty-sixth day of January, one thousand nine hundred and forty-nine, shall continue to have effect in relation to Irish citizens who are not British subjects in like manner as they have effect in relation to British subjects. 53. Substituted new short title in Acts Citation Act of 1903. 3 Edw. 7 No. 10,

see p. 76, ante.

ACTS INTERPRETATICN ACTS, 1954 TO 1962 ss. 48-54. Sch. 25

54. Constnxction of certain references to Commonweralth Bank of Aus- tralia upon the establishment of the Commonwedth Trading Bank of Australia. ( 1 ) Consequent on the transfer of Commonwealth Bank business, it is hereby declared that where any Act (or any Order in Council, regulation, rule, by-law, ordinance, or other instrument under any Act) heretofore enacted or, as the case may be, made-

f i ) Authorises or requires any money or thing whatsoever to be paid into or deposited with, or any matter to be transacted with, the Commonwealth Bank of Australia, and that money or thing or, as the case may be, matter was, prior to the transfer of Commonwealth Bank business, paid into or deposited or transacted with the General Banking Division of that Bank;

(ii) Contains a reference to the rate of interest payable or charged with respect to any business carried on, prior to the transfer of Commonwealth Bank business, by the General Banking Division of that Bank,

then on and after the transfer of Commonwealth Bank business- (iii) That money or thing shall be paid into or deposited with,

and that matter shall be transacted with, the Commonwealth Trading Bank of Australia; and

(iv) That reference shall be deemed to be to the rate of interest payable or charged with respect to that business when carried on by the Commonwealth Trading Bank of Australia, but so that nothing herein contained shall be read as altering any rate of interest prescribed by any Act or by any instrument under any Act.

(2) In this section the term "transfer of Commonwealth Bank business" means the ceasing, pursuant to the Commonwealth Act intituled the Commonwealth Bank Act 1953, on the date fixed by Proclamation thereunder, by the Commonwealth Bank of Australia of the carrying on of business in its General Banking Division and the carrying on of that business, pursuant to that Commonwealth Act on and after that proclaimed date, by the bank established thereby called the Commonwealth Trading Bank of Australia.

Act referred to: Commonwealth Bank Act 1953 (Commonwealth).

SCHEDULE [Section 2

Year and Number of Act Short Title Extent of Repeal

31 Vic. No. 6 Acts Shortening Act of 1867 . . . . I The whole

3 Edw. 7 No. 10 . .

26 Geo. 5 No. 28 . .

Act referred to: Cremation Act Amendment Act of 1935, see title CREMATION.

The Acts Shortening Act Amendment Act of 1903

1 Geo. 6 No. 11 . .

Sections two to seven (both inclusive)

The Cremation Act Amendment Act of 1935

Section eight

The Acts Shortening Acts Amendment Act of 1937

The whole

THE ACTS INTERPRETATION ACTS AMENDMENT ACT of 1962

No. 2 of 1962

An Act to Amend "T'he Acts Interpretation Acts, 1954 to 1960," in certain particulars, and for another purpose.

[Assented to 17 September 19621

1. (1) Short title. This Act may be cited as "The Acts Interpretation Acts Amendment Act of 1962."

(2) Principal Act. "The Acts Interpretation Acts, 1954 to 1960," are in this Act referred to as the Principal Act.

( 3 ) Collective title. The Principal Act and this Act may be collec- tively cited as "The Acts Interpretation Acts, 1954 to 1962." 2. Amended Acts 1954 to 1960, s. 7.

3. Amended Acts 1954 to 1960, s. 14.

4. Numbering of Acts passed after July 2, 1962. Subject to the standing rules and orders of the Legislative Assembly being amended before the completion of the session of the Legislative Assembly next held after the second day of July, one thousand nine hundred and sixty-two, to provide for the numbering of public Acts passed in each secular year in regular arithmetical series, beginning with the number one, in the order in which they are assented to on behalf of Her Majesty, any public Act passed during such session may be so numbered notwithstanding that it was passed prior to such 'amendment of the said standing rules and orders.

By Author i t y : S . G. REID, Government Printcr Br~sbane-;::I969