Queensland Consolidated Acts

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ACTS INTERPRETATION ACT 1954 - As at 3 July 2017 - Act 3 of 1954


TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Act applies to all Acts
   3.      (Repealed)
   4.      Displacement of Act by contrary intention
   5.      Act binds Crown

   PART 2 - MEANING OF ACT

   6.      References to Act
   7.      Act includes statutory instruments under Act etc.
   8.      (Repealed)

   PART 3 - GENERAL PROVISIONS APPLYING TO ACTS

   9.      Interpretation of Act in relation to Parliament’s legislative power
   9A.     Declaration of validity of certain laws
   10.     Section has effect as substantive enactment
   11.     Acts to be public Acts
   12.     Private Acts not to affect rights of others
   12A.    Private Acts amended by public Acts do not become public Acts
   13.     Future Acts when binding on the Crown
   13A.    Acts not to affect native title except by express provision
   13B.    Acts not to affect powers, rights or immunities of Legislative Assembly except by express provision
   14.     Material that is, and is not, part of an Act
   14A.    Interpretation best achieving Act’s purpose
   14B.    Use of extrinsic material in interpretation
   14C.    Changes of drafting practice not to affect meaning
   14D.    Examples

   PART 4 - REFERENCE TO AND CITATION OF ACTS

   14E.    References to Acts generally
   14F.    References to particular Acts
   14G.    References to enactments
   14H.    References taken to be included in reference to law
   14I.    References to changed short titles and citations
   14J.    References to repealed or expired laws

   PART 5 - COMMENCEMENT OF ACTS

   15.     References to enactment etc. of Acts
   15A.    Commencement of Acts on date of assent
   15B.    Time of commencement of Acts
   15C.    Commencement of citation and commencement provisions on date of assent etc.
   15D.    Commencement by proclamation etc.
   15DA.   Automatic commencement of postponed law
   15E.    Commencement of paragraphs etc. in amending Act
   16.     (Repealed)
   17.     Exercise of powers between enactment and commencement

   PART 6 - AMENDMENT AND REPEAL OF ACTS

   17A.    Act may be amended or repealed in same parliamentary session
   18.     Time of expiry of Act etc.
   19.     Repealed and amended Acts not revived on repeal of repealing and amending Acts
   19A.    Commencement not undone if omitted
   20.     Saving of operation of repealed Act etc.
   20A.    Repeal does not end saving, transitional or validating effect etc.
   20B.    Continuance of appointments etc. made under amended provisions
   20C.    Creation of offences and changes in penalties
   21.     Continuance of repealed provisions
   22.     Act and amending Acts to be read as one
   22A.    Insertion of provisions by amending Act
   22B.    Amendment to be made wherever possible in provision
   22C.    Automatic repeal of amending Act

   PART 7 - FUNCTIONS AND POWERS CONFERRED BY ACTS

   23.     Performance of statutory functions etc.
   23A.    Conferral of statutory power on another entity
   24.     (Repealed)
   24AA.   Power to make instrument or decision includes power to amend or repeal
   24A.    Appointments may be made by name or office
   24B.    Acting appointments
   24C.    Acting person nominated by Act etc.
   25.     Powers of appointment imply certain incidental powers
   26.     Appointment not affected by defect etc.
   27.     Power to hear and determine includes power to administer oath
   27A.    Delegation of functions or powers
   27B.    Content of statement of reasons for decision
   28.     (Repealed)
   28AA.   (Repealed)
   28AB.   (Repealed)
   28AC.   (Repealed)
   28A.    (Repealed)
   29.     Legislative Assembly’s resolutions to be interpreted not to exceed authority
   29A.    (Repealed)
   29B.    Working out number of sitting days
   30.     (Repealed)

   PART 8 - TERMS AND REFERENCES IN ACTS

   32.     Defined terms—other parts of speech and grammatical forms
   32A.    Definitions to be read in context
   32AA.   Definitions generally apply to entire Act
   32AB.   Terms defined both in this Act and another Act
   32B.    Gender
   32C.    Number
   32CA.   Meaning of may and must etc.
   32CB.   Words and expressions used in amending Acts
   32CC.   (Repealed)
   32D.    References to persons generally
   32DA.   Meaning of de facto partner
   32E.    Production of records kept in computers etc.
   32F.    References to commencement
   33.     References to Ministers, departments and chief executives
   33A.    References to States include Territories
   34.     References to officers and holders of offices
   34A.    Chair titles
   34B.    Deputy chair titles
   35.     References to Queensland to be implied
   35A.    References to person with interest in land includes personal representative etc.
   35B.    References to provisions designated by number without mentioning another Act
   35BA.   (Repealed)
   35BB.   (Repealed)
   35C.    Headings part of provision etc.
   35CA.   References to items at the end of a provision
   35D.    Reference to provisions of a law is inclusive
   35E.    Instrument made under the Act
   36.     Meaning of commonly used words and expressions

   PART 9 - DISTANCE, TIME AND AGE

   37.     Measurement of distance
   38.     Reckoning of time
   38A.    Age

   PART 10 - SERVICE OF DOCUMENTS

   39.     Service of documents
   39A.    Meaning of service by post etc.
   40.     (Repealed)

   PART 11 - OFFENCES AND CRIMINAL PROCEEDINGS

   41.     Penalty at end of provision
   41A.    Penalty other than at end of provision
   42.     Any person may prosecute etc.
   43.     Appropriation of penalties
   44.     Summary proceedings
   45.     Offence punishable only once
   46.     Bodies corporate

   PART 12 - APPLICATION OF PARTICULAR STATE LAWS TO COASTAL WATERS

   47.     Definitions for pt 12
   47A.    Application of laws of the State to coastal waters
   47B.    Laws with specific application not to apply
   47C.    Extent of jurisdiction in relation to coastal waters
   47D.    Constitutional basis
   47E.    Saving
   47F.    (Repealed)
   47G.    (Repealed)

   PART 12A - FORMS

   48.     Forms—notification and availability
   48A.    Compliance with forms

   PART 13 - MISCELLANEOUS

   49.     Verification of documents
   49A.    Jurisdiction of courts and tribunals
   50.     Making or amendment of subordinate legislation by an Act
   51.     (Repealed)
   51A.    References to Acts Shortening Act 1867
   52.     References to the Crown etc.
   52A.    Evidentiary provision
   52B.    Regulation-making power

   PART 14 - TRANSITIONAL PROVISIONS

           Division 1 - Transitional provision for Parliamentary Service and Other Acts Amendment Act 2011

   53.     Transitional—extrinsic material—speech in Legislative Assembly

           Division 2 - Transitional provisions for Treasury and Trade and Other Legislation Amendment Act 2013

   54.     Definitions for div 2
   55.     References to s 36, 48A or 49
   56.     References to gazetted
   57.     References to notified in the gazette

           Division 3 - Transitional provision for Court and Civil Legislation Amendment Act 2017

   58.     Form approved or made available, but not notified in gazette, before commencement
           SCHEDULE 1


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