Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
Schedule 2 Rules for interpreting former UK Acts
(see pt 5)
1 Meaning of subordinate legislation in sch 2
In this schedule:
"subordinate legislation" means orders in council, orders, rules, regulations, schemes, warrants, by-laws and other instruments made under an Act.
2 References to an Act in sch 2
In a provision of this schedule, a reference to an Act is a reference
to an Act to which the provision applies, but this clause does not apply to
references to enactments or to other Acts mentioned in clause 19 (2).
Part 2 General provisions about enactment and operation
Every section of a former UK Act takes effect as a substantive enactment without introductory words. (1850)
Every former UK Act is a public Act to be judicially noticed as such. (all former UK Acts)
A former UK Act, or provision of a former UK Act, is taken to have come into force—
(a) if provision was made for it to come into force on a particular day—at the beginning of the day; or (1889)
(b) if no
provision was made for its coming into force—at the beginning of the day
the Act received the royal assent. (1889)
(1) In a former UK Act:
"Bank of England" means, as the context requires, the Governor and Company of the Bank of England or the bank of the Governor and Company of the Bank of England. (all former UK Acts)
"British Islands" means—
(a) in a former UK Act passed after the year 1889 and before the establishment of the Irish Free State—the United Kingdom, the Channel Islands and the Isle of Man; and
(b) in a former UK Act passed after the establishment of the Irish Free State—the United Kingdom, the Channel Islands, the Isle of Man and the Republic of Ireland.
"British possession" means any part of the dominions of the Crown outside the United Kingdom. (1889)
"British subject" means—
(a) an Australian citizen; or
(b) any other person who because of his or her citizenship of another country would, if the Australian Citizenship Act 1948 (Cwlth), part 2 had continued in force after 30 April 1987, have been a person who has the status of a British subject under that part. (all former UK Acts)
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001 , s 104).
colonial legislature and legislature , of a British possession, mean the authority, other than the United Kingdom Parliament or the Crown in Council, competent to make laws for the possession. (1889)
"colony" means any part of the dominions of the Crown outside the British Islands and, in a former UK Act passed in or after 1889 (the "first Act"), includes any part of those dominions that has, after the passing of the first Act, ceased, under a provision of a later UK Act, to be a colony, but only in the application of the first Act before the commencement of the provision of the later Act, but does not include—
(a) countries having fully responsible status within the Commonwealth of Nations; and
(b) associated states. (1889)
"commencement", for a former UK Act or enactment of such an Act, means the time when the Act or enactment comes into force. (all former UK Acts)
"Commonwealth citizen" means a person other than a British subject who would, if the Australian Citizenship Act 1948 (Cwlth), part 2 had continued in force after 30 April 1987, have been a person who has the status of a British subject under that part. (all former UK Acts)
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001 , s 104).
"Comptroller and Auditor-General" means the Comptroller-General of the receipt and issue of the Crown's Exchequer and Auditor-General of Public Accounts appointed under the Imperial Exchequer and Audit Departments Act 1866 (UK). (all former UK Acts)
"consular officer" has the same meaning as in article 1 of the Vienna Convention set out in the Consular Privileges and Immunities Act 1972 (Cwlth), schedule. (all former UK Acts)
"Governor-General", of a British possession, includes any person who for the time being has the powers of the Governor-General of the possession. (1889)
"Governor", of a British possession, includes the officer for the time being administering the government of the possession. (1889)
"land" includes messuages, tenements and hereditaments, and houses and buildings, of any tenure. (1850)
"legislature"—see colonial legislature. (1889)
"Lord Chancellor" means the Lord High Chancellor of Great Britain. (all former UK Acts)
"month" means calendar month. (1850)
"person" includes—
(a) in relation to a provision of a former UK Act whenever passed, about an offence punishable on indictment or summary conviction—a corporation; and
(b) in relation to a provision of a former UK Act passed in or after 1889—a body.
"Privy Council" means the Lords and others of the Crown's Most Honourable Privy Council. (all former UK Acts)
"rules of court", in relation to a court, means rules made by the authority having power to make rules or orders regulating the practice and procedure of the court. (1889)
"Secretary of State" means a Principal Secretary of State of the Crown. (all former UK Acts)
"statutory declaration" includes a declaration made under a law of a State, Territory or foreign country that authorises a declaration to be made otherwise than in the course of a legal proceeding. (all former UK Acts)
"United Kingdom" means Great Britain and Northern Ireland. (12 April 1927)
In a former UK Act, a reference to any court other than a court of summary jurisdiction is a reference to the Supreme Court. (all former UK Acts)
8 Dominions under central and local legislature
For the definitions of British possession and colony in clause 6, if any part of the dominions of the Crown outside the United Kingdom are under both a central and local legislature, all parts under the central legislature are taken to be a single British possession or colony, as the case requires. (1889)
9 Power to make rules of court
(1) The power to make rules of court includes power to make rules of court for any former UK Act that authorises or requires anything to be done by rules of court. (all former UK Acts)
(2) In this clause:
"rules of court"—see clause 6. (all former UK Acts)
In a former UK Act—
(a) words importing the masculine gender include the feminine; and
(b) words importing the feminine gender include the masculine; and
(c) words in the singular include the plural and words in the plural include the singular. (section 61 (2))
11 References to service by post
If a former UK Act authorises or requires a document to be served by post (whether the expression ‘serve', ‘give' or ‘send' or any other expression is used), the service is taken to be made by properly addressing, prepaying and posting a letter containing the document and, unless the contrary is proved, to have been made when the letter would be delivered in the ordinary course of post. (1889)
In the measurement of any distance for a former UK Act, the distance is to be measured in a straight line on a horizontal plane. (1889)
13 Interpretation of subordinate legislation
If a former UK Act
gives power to make subordinate legislation, expressions in subordinate
legislation made under the Act have the meaning that they have in the Act.
(section 61 (3))
Part 4 Statutory functions and powers
14 Continuity of functions and powers
(1) If a former UK Act gives a function or power to an entity, the function or power may be exercised, from time to time. (1889)
(2) If a former UK Act gives a function or power to the occupant of a position, the function or power may be exercised by the person for the time being occupying the position.
If a former UK Act gives power to make—
(a) rules, regulations or by-laws; or
(b) orders in council, orders or other subordinate legislation to be made by statutory instrument;
the power includes a power, exercisable
in the same way and subject to the same conditions or limitations, to revoke,
amend or re-enact any instrument made under the power. (section 61 (4))
If a former UK Act repeals a repealing enactment, the repeal does not revive any enactment previously repealed unless words are added reviving it. (1850)
(1) Without limiting clause 16, if a former UK Act repeals an enactment, the repeal does not—
(a) revive anything not in force or existing when the repeal takes effect; or
(b) affect the previous operation of the enactment repealed or anything done or suffered under the enactment; or
(c) affect any right, privilege or liability acquired, accrued or incurred under the enactment; or
(d) affect any penalty or forfeiture incurred in relation to any offence committed against the enactment; or
(e) affect any investigation, legal proceeding or remedy in relation to that right, privilege, liability, penalty or forfeiture. (1889)
(2) The investigation, legal proceeding or remedy may be begun, continued or enforced, and any such penalty or forfeiture may be imposed, as if the repealing Act had not been passed. (1889)
(1) If a former UK Act repeals a previous enactment and substitutes provisions for the enactment repealed, the repealed enactment remains in force until the substituted provisions come into force. (1850)
(2) If a former UK Act repeals and re-enacts, with or without change, a previous enactment—
(a) any reference in any other enactment to the enactment so repealed is a reference to the enactment re-enacted; and (1889)
(b)
so far as any subordinate legislation made or anything else done under
the repealed enactment could have been made or done under the enactment
re-enacted, it has effect as if made or done under that enactment. (all former
UK Acts)
(1) If a former UK Act cites another UK Act by year, statute, session or chapter, or a provision of another UK Act by number or letter, the reference is a reference—
(a) for Acts included in any revised edition of the UK statutes printed by authority—to that edition; and
(b) for Acts not so included but included in the edition prepared under the direction of the Record Commission—to that edition; and
(c) in any other case—to the Acts printed by the Printer to the Crown, or under the superintendence or authority of the Crown's Stationary Office. (1889)
(2) A former UK Act may continue to be cited by the short title authorised by any enactment despite the repeal of the enactment. (all former UK Acts)
20 References to other enactments
(1) If a former UK Act describes or cites a provision of an enactment by referring to words, sections or other parts from or to which (or from and to which) the provision extends, the provision described or cited includes the words, sections or other parts referred to. (1889)
(2) If a former UK Act refers to an enactment, the reference is a reference to the enactment as amended, and includes a reference to that enactment as extended or applied under any other enactment, including any other provision of that Act. (1889)
(3) However, if a former UK Act refers to another UK Act, the reference is a reference to the other Act as for the time being amended and in force in the Territory. (all former UK Acts)
21 Application to other instruments
Clause 5 (a), clause 6, definition of United Kingdom and clause 19, apply, so far as applicable, to subordinate legislation in force in the Territory under a former UK Act in the same way as they apply to former UK Acts. (all former UK Acts).