Australian Capital Territory Current Acts

LEGISLATION ACT 2001 - SECT 151

    (1)     This section applies in working out periods of 1 day or longer for an Act or statutory instrument, whether the period is a period in the future or the past.

Note 1     The following definitions in the dictionary, pt 1 are also relevant to periods of time:

              •     business day

              •     calendar month

              •     calendar year

              •     financial year

              •     midnight

              •     month

              •     quarter

              •     working day

              •     year .

Note 2     The Standard Time and Summer Time Act 1972

deals with the meaning of a reference to a time.

    (2)     A period of time mentioned in an Act or statutory instrument that is of a kind mentioned in an item in the following table is to be worked out according to the rule mentioned in column 3 of the item:

Table 151     Working out periods of time

column 1 item	column 2 If the period of time—	column 3 then the period—
1	is described as beginning at, on or with a stated day, act or event	includes the stated day or the day of the stated act or event
2	is described as beginning from or after a stated day, act or event	does not include the stated day or the day of the stated act or event
3	is described as ending at, by, on or with, or as continuing to or until, a stated day, act or event	includes the stated day or the day of the stated act or event
4	is described as ending before a stated day, act or event	does not include the stated day or the day of the stated act or event
5	is described as occurring between 2 events	does not include the days when the events happen

Example—item 1

If a licence begins on the first day of a financial year, the licence is in force on that day.

Example—item 2

If a disallowable instrument is described as beginning from 30 June, the instrument starts to operate on 1 July.

Example—item 3

If a person's right to apply for review of a decision ends on the last day of a financial year, the person may apply for review of the decision on that day.

Example—item 4

If a person may apply for renewal of accreditation not later than 6 months before the day the accreditation period ends, and the accreditation period ends on 2 November, the person may apply for renewal at any time during the 6-month period ending on 1 November.

Example—item 5

A court rule requires a notice of motion to be served 2 days before the return date for the application. If the return date is Friday, that day and the day the application is served are not counted in working out the 2 days. For service to be valid, the application must be served on or before the Tuesday before the return date.

    (3)     Despite table 151, item 2, if, under an Act or statutory instrument, something must or may be done within a particular period of time after a stated day, the thing may be done on the stated day.

    (4)     This section is a determinative provision so far as it applies to an applicable law or applicable provision.

Note     See s 5 for the meaning of determinative provisions, and s 6 for their displacement.

    (5)     In this section:

"applicable law" means an Act enacted, or statutory instrument made, after 1 January 2006.

"applicable provision "means a provision inserted after 1 January 2006 into an Act or statutory instrument that is not an applicable law.

"inserted", for a provision, includes inserted in substitution for another provision.