Queensland Consolidated Acts

ACTS INTERPRETATION ACT 1954 - SECT 35B

35B References to provisions designated by number without mentioning another Act

(1) Definitions In this section—

"body of the Act" means the Act apart from any preamble, schedule or appendix of the Act .

"provision unit" means—

(a) the body of the Act or the preamble, a schedule or appendix of the Act ; or

(b) a chapter, part, division, subdivision, section, subsection, paragraph, subparagraph or sub-subparagraph of the body of the Act or a schedule or appendix of the Act ; or

(c) another provision of the body of the Act or a schedule or appendix of the Act ; or

(d) a provision of a preamble of the Act .

(2) Purpose of section This section explains the meaning of a reference in an Act (the
"Act concerned" ) to a provision, designated by a number, that does not mention another Act.

Examples of references to which section applies—

1 ‘ chapter 10 ’

2 ‘ part 5 , division 4 ’

3 †˜ section 10 of this Act’

4 ‘ paragraph (a) of this subsection’

(3) References in a provision unit of an Act mentioning the Act or larger provision unit of Act If a reference in an Act to a provision also mentions the Act or a larger provision unit of the Act , the reference itself indicates the provision of the Act to which it refers.

Examples—

1 A reference in the body of the Act to ‘ section 10 of this Act’ is a reference to section 10 of the body of the Act concerned.

2 A reference in a schedule of an Act to ‘ section 10 of this schedule’ is a reference to section 10 of the schedule where the reference occurs.

3 A reference to ‘ paragraph (a) of this subsection’ is a reference to paragraph (a) of the subsection where the reference occurs.

(4) For subsection (3) , a reference in a schedule or appendix of an Act to a provision, designated by a number, together with the words ‘of the Act ’ is a reference to the provision, designated by the number, of the body of the Act concerned.

Example—

A reference in a schedule of an Act to ‘ section 10 of the Act ’ is a reference to section 10 of the body of the Act .

(5) Other references in body of Act If—

(a) the reference is in the body of an Act; and

(b) subsection (4) does not apply to the reference;

the reference is a reference to the provision, designated by the number, of the body of the Act or, if there are 2 such provisions, the provision, designated by the number, of the next larger, appropriate provision unit where the reference occurs.

Examples in the body of an Act—

1 A reference in the body of an Act to ‘ chapter 10 ’ is a reference to chapter 10 of the body of the Act .

2 A reference to ‘ part 1 ’ is a reference to—

(a) if the body of the Act is divided into chapters (that is, at least 2 of the chapters are further divided into parts)— part 1 of the chapter where the reference occurs; or

(b) if the body of the Act is not divided into chapters (that is, there is only 1 part 1 )— part 1 of the body of the Act .

3 A reference in the body of an Act to ‘ division 2 ’ is a reference to division 2 of the part of the Act where the reference occurs.

4 A reference in the body of an Act to ‘ subdivision 3 ’ is a reference to subdivision 3 of the division of the Act where the reference occurs.

5 A reference in the body of an Act to ‘ section 10 ’ is a reference to section 10 of the body of the Act .

6 A reference in the body of an Act to ‘ subsection (1) ’ is a reference to subsection (1) of the section of the Act where the reference occurs.

7 A reference in the body of an Act to ‘ paragraph (a) ’ is a reference to—

(a) if the section where the reference occurs is divided into subsections— paragraph (a) of the subsection where the reference occurs; or

(b) if the section where the reference occurs is not divided into subsections— paragraph (a) of the section of the Act where the reference occurs.

8 A reference to ‘ subparagraph (i) ’ is a reference to subparagraph (i) of the paragraph where the reference occurs.

(6) Other references in preamble, schedule or appendix If—

(a) the reference is in the preamble or a schedule or appendix of an Act; and

(b) subsection (4) does not apply to the reference; and

(c) the reference is a reference to a provision that does not occur in the preamble, schedule or appendix;

the reference is a reference to the provision, designated by the number, of the body of the Act .

Examples—

1 A reference in a schedule that is not divided into chapters to ‘ chapter 10 ’ is a reference to chapter 10 in the body of the Act .

2 A reference in a dictionary schedule to ‘ section 30 ’ is a reference to section 30 in the body of the Act .

(7) If—

(a) the reference is in the preamble or a schedule or appendix of an Act; and

(b) subsection (4) does not apply to the reference; and

(c) the reference is a reference to a provision that does occur in the preamble, schedule or appendix;

the reference is a reference to the provision designated by the number, of the schedule, appendix or preamble or, if there are 2 such provisions, the provision, designated by the number, of the next larger, appropriate provision unit where the reference occurs.

Examples—

1 A reference in a schedule divided into parts to ‘ part 1 ’ is a reference to—

(a) if the schedule is divided into chapters (that is, at least 2 of the chapters are further divided into parts)— part 1 of the chapter where the reference occurs; or

(b) if the schedule is not divided into chapters (that is, there is only 1 part 1 )— part 1 of the schedule.

2 A reference in a schedule divided into sections to †˜ section 10 ’ is a reference to section 10 of the schedule.

3 A reference in a schedule divided into a single series of items to ‘item 5’ is a reference to item 5 of the schedule.

4 A reference in a schedule divided into 2 or more series of items to ‘item 5’ is a reference to item 5 of the series in which the reference occurs.