17. In any Act, unless the contrary intention appears (a) (b) Constitutional and official "The Commonwealth shall mean the Commonwealth of definitions. Australia: "Australia" includes the whole of the Commonwealth : (c) "The Constitution" shall mean the Constitution of the Commonwealth : (d) "The Constitution Act" shall mean The Commonwealth of Australia Constitution Act: (e) "The Parliament " shall mean the Parliament of the Commonwealth : "The Executive Council." (f) "The Governor-General" shall mean the Governor-General "The Governorof the Commonwealth, or the person for the time being General." administering the government of the Commonwealth, acting with the advice of the Executive Council: "The Executive Council" shall mean the Federal Executive Council : "Minister of State King's Ministers of State for the Commonwealth : (i) "The Minister" shall mean the Minister for the time being "The Minister." administering the Act or enactment in which or in respect of which the expression is used: (9) (h) 66 or Minister" shall mean one of the "Minister of State." (j) "Proclamation" shall mean Proclamation by the Governor- “ProclamaGeneral published in the Gazette: (k) "The Consolidated Revenue Fund" shall mean the Consolidated Revenue Fund of the Commonwealth : (1) "The seat of Government" shall mean the seat of Govern- tion." "The Consolidated Revenue Fund. "The seat of Government. (m) "The Gazette" shall mean the Commonwealth of Australia "The Gazette." Gazette: (n) "The Government Printer" shall include any person (0) 18. In any Act, unless the contrary intention appears- "The Government "State." Definitions. (b) "British possession" shall mean any part of the King's "British 19. Where in an Act any Minister is referred to, such reference shall unless the contrary intention appears be deemed to include any Minister for the time being acting for or on behalf of such Minister. 20. Where in an Act any person holding or occupying a particular office or position is mentioned or referred to in general terms, such mention or reference shall unless the contrary intention appears be deemed to include all persons who at any time occupy for the time being the said office or position. D Mention of 54 Vict. No. 1058 21. In any 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 the Commonwealth and (b) references to localities jurisdictions and other matters and 22. In any Act, unless the contrary intention appears- (b) (d) "Month" shall mean calendar month: "Land" shall include messuages tenements and hereditaments, corporeal and incorporeal, of any tenure or description, and whatever may be the estate or interest therein : "Estate" shall include any estate or interest charge right title claim demand lien or incumbrance at law or in equity: (e) "Financial year" shall mean, as respects any matters relating to the Consolidated Revenue Fund or moneys provided by the Parliament or to public taxes or finance, the twelve months ending the thirtieth day of June. 23. In any Act, unless the contrary intention appears(a) Words importing the masculine gender shall include females; and (b) Words in the singular shall include the plural, and words in the plural shall include the singular. 24. Every provision of an Act relating to offences punishable on indictment or summary conviction shall unless the contrary intention appears be deemed to refer to bodies corporate as well as to persons. 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. 25. In any Act expressions referring to writing shall, unless the contrary intention appears, be construed as including references to any mode of representing or reproducing words in a visible form. JUDICIAL EXPRESSIONS. 26. In any Act, unless the contrary intention appears (a) "The High Court" shall mean the High Court of Australia: (b) "Federal Court shall mean the High Court or any court created by the Parliament: (c) "Court exercising federal jurisdiction" shall mean any court when exercising federal jurisdiction and shall include federal courts: summary (d) "Court of summary jurisdiction" shall mean any justice or "Court of 27. In any Act, unless the contrary intention appears- Meaning of certain words. Oath," "affidavit," swear." 52 & 53 Vict. c. 63 s. 3. declaration." 52 & 53 Vict. c. 63 s. 21. (c) The words "statutory declaration" shall mean a declaration "Statutory made by virtue of any Act authorizing a declaration to be made otherwise than in the course of a judicial proceeding. (d) The words "committed for trial," used in relation to any person, shall mean committed to prison with the view of being tried before a judge and jury, or admitted to bail upon a recognisance to appear and be so tried. "Committed 52 c. 63 s. 27. Rules of Court. c. 63 s. 14. 28.-(1.) In any Act, unless the contrary intention appears, the expression "Rules of Court" when used in relation to any court 52 & 58 Vict. 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 a power to make Rules of Court for the purpose of any Act which directs or authorizes anything to be done by Rules of Court. Meaning of service by post. 52 & 53 Vict. 29. Where an Act authorizes or requires any document to be served by post, whether the expression "serve" or the expression "give" or "send" or any other expression is used, then unless the 63 26. contrary intention appears the service shall be deemed to be effected by properly addressing prepaying and posting the document as a letter, and unless the contrary is proved to have been effected at the time at which the letter would be delivered in the ordinary course of post. two or more laws. 30. Where an act or omission constitutes an offence under two offences under or more Acts, or both under an Act and at common law, the offender shall, unless the contrary intention appears, be liable to be prose- 52 & 58 Vict. cuted and punished under either or any of those Acts or at common law, but shall not be liable to be punished twice for the same offence. c. 63 s. 33. noticed 31. Judicial notice shall be taken of every Proclamation or Proclamations Order by the Governor-General or by the Governor-General inicially Council made or purporting to be made in pursuance of any Act or No. 4 1897 Imperial Act. (N. S. W.) 8. 34. Expressions in instrument under an Act. 52 & 53 Vict. c. 63 s. 31. Exercise of powers and duties, 52 & 53 Vict. c. 63 s. 32. by holder of office. Power to make includes power to rescind. Power to appoint to remove, subject to conditions. Power to administer oath. Measurement of distance. 52 & 53 Vict. c. 63 s. 34. Reckoning of time. See No. 4 1897 (N.S. W.) s. 35. POWERS CONferred and DUTIES IMPOSED BY ACTS. 32. Where an Act confers power to make, grant, or issue any instrument (including rules, regulations, or by-laws) expressions used in any such instrument shall, unless the contrary intention appears, have the same meanings as in the Act conferring the power. 33. (1.) Where an Act confers a power or imposes a duty, then, unless the contrary intention appears, the power may be exercised and the duty shall be performed from time to time as occasion requires. (2.) Where an Act confers a power or imposes a duty on the holder of an office as such, then, unless the contrary intention appears, the power may be exercised and the duty shall be performed by the holder for the time being of the office. (3.) Where an Act confers a power to make any rules, regulations, or by-laws 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 rescind, revoke, amend, or vary such rules, regulations or by-laws. (4.) Where an Act confers upon any person or authority a power to make appointments to any office or place, the power shall, unless the contrary intention appears, be construed as including a power to remove or suspend any person appointed, and to appoint another person temporarily in the place of any person so suspended or in place of any sick or absent holder of such office or place. Provided that where the power of such person or authority to make any such appointment is only exercisable upon the recommendation or subject to the approval or consent of some other person or authority, such power of removal shall, unless the contrary intention appears, only be exercisable upon the recommendation or subject to the approval or consent of such other person or authority. 34. Any court, Judge, justice of the peace, officer, commissioner, arbitrator, or other person authorized by law, or by consent of parties, to hear and determine any matter, shall have authority to receive evidence and examine witnesses and to administer an oath to all witnesses legally called before them respectively. DISTANCE AND TIME. 35. In the measurement of any distance for the purposes of any Act, that distance shall, unless the contrary intention appears, be measured in a straight line on a horizontal plane. 36.—(1.) Where in an Act any period of time, dating from a given day, act, or event, is prescribed or allowed for any purpose, the time shall, unless the contrary intention appears, be reckoned exclusive of such day or of the day of such act or event. (2.) Where the last day of any period prescribed or allowed by an Act for the doing of anything falls on a Sunday, or on any day which is a public or a bank holiday throughout the Commonwealth, or throughout the State or part of the Commonwealth in which the thing is to be or may be done, the thing may be done on the first day following which is not a Sunday or such public or bank holiday. 37. Where in an Act any reference to time occurs, such time shall, unless it is otherwise specifically stated, be deemed in each State or part of the Commonwealth to mean the standard or legal time in that State or part of the Commonwealth. CITATION OF ACTS. 38.-(1.) An Act passed by the Parliament of the Commonwealth may be referred to by the word "Act" alone. (2.) An Act passed by the Parliament of the United Kingdom may be referred to by the term "Imperial Act." (3.) An Act passed by the Parliament of a State may be referred to by the term "State Act." Acts. 39. The Acts passed in each secular year shall be numbered in Numbering of regular arithmetical series, beginning with the number one, in the order in which the Governor-General assents thereto, or makes known the King's assent thereto. 40.-(1.) In any Act, instrument, or document (a) any Act may be cited by its short title, or by reference to the secular year in which it was passed and its number; and (b) any Imperial Act may be cited by its short title (if any), or (c) any State Act may be cited by a reference to the State by with such mode of reference as is sufficient in Acts (2.) Any enactment may be cited by reference to the part, section, sub-section, or other division of the Act, Imperial Act, or State Act, 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 the Commonwealth or of the State, or of the King's Printer in London (as the case may be), or purporting to be so printed. Citation of Acts. 52 & 53 Vict. c. 63 s. 35. |