Australian Capital Territory Numbered Acts

STATUTE LAW AMENDMENT ACT 2014 (NO 2) (NO. 44 OF 2014) - SCHEDULE 2

Schedule 2     Legislation Act 2001

(see s 5)

[2.1]     Section 2 , note 2

substitute

Note 2     Pt 1 defines terms commonly used in Acts (including this Act) and statutory instruments. For example, because of the definition ‘"calendar month" means one of the 12 months of the year.', the term ‘calendar month' has the defined meaning wherever the term is used in an Act or statutory instrument unless the Act or instrument provides otherwise or the contrary intention otherwise appears (see s 144 and s 155).

Explanatory note

This amendment updates the note as a consequence of the remaking of the definitions of month and calendar month by other amendments.

[2.2]     Section 151 (1), note 1

omit

              •     named month

Explanatory note

Note 1 lists a number of terms defined in the dictionary, part 1 that are relevant to periods of time. This amendment omits a reference to named month as a consequence of the omission of the definition of that term from the dictionary, part 1, by another amendment.

[2.3]     Section 151 (2) to (7)

substitute

    (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.

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act

, s 126 and s 132).

    (3)     Despite table 151, item 3, 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.

Explanatory note

Section 151 deals with working out periods of time generally in an Act or statutory instrument. This amendment replaces section 151 (2) to (6) with a table to make working out periods of time easier for users of legislation. The table is based on a similar table in the Acts Interpretation Act 1901

(Cwlth), section 36.

Proposed table 151 replaces current section 151 (2) to (6) as follows:

              •     item 1 replaces current section 151 (2)

              •     item 2 replaces current section 151 (3)

              •     item 3 replaces current section 151 (4)

              •     item 4 replaces current section 151 (5)

              •     item 5 replaces current section 151 (6).

Proposed section 151 (3) replaces current section 151 (7) as a consequence of the replacement of current section 151 (4) by proposed item 3 of the table.

The proposed amendment does not substantively change the existing policy on working out periods of time.

[2.4]     Dictionary, part 1, definition of calendar month and examples

substitute

"calendar month" means one of the 12 months of the year.

Explanatory note

Calendar month is currently defined as ‘a period beginning at the start of any day of a named month and ending at the end of the day before the corresponding day of the next named month or, if there is no such corresponding day, at the end of the last day of the next named month.'. The definition of month is substituted by another amendment to replicate the substance of the current definition of calendar month . As a consequence, the definition of calendar month is being simplified in accordance with current plain language drafting style. The revised definitions of month and calendar month will be consistent with the definitions of those terms in the Acts Interpretation Act 1901

(Cwlth) and are more consistent with how calendar month and month are generally understood. The amendments also remove the need for a definition of "named month", which is omitted by another amendment.

[2.5]     Dictionary, part 1, definition of month

substitute

"month" means a period beginning at the start of any day of one of the calendar months and ending—

        (a)     immediately before the start of the corresponding day of the next calendar month; or

        (b)     if there is no such corresponding day—at the end of the next calendar month.

Examples

1     The period beginning at the start of 8 May 2014 and ending at midnight on 7 June 2014 is a month.

2     The period beginning at the start of 30 January 2014 and ending at midnight on 28 February 2014 is a month. The month ends on the last day of February because in that year, February does not have a day corresponding to 29 January (because 2014 is not a leap year). If the period began at the start of 30 January 2016 (ie a leap year), the month would end at midnight on 29 February 2016.

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act

, s 126 and s 132).

Explanatory note

Month is currently defined as meaning a calendar month. The definition of calendar month is remade by another amendment and the substance of that definition is included in the definition of month by this amendment. The effect of this amendment, and the remaking of the definition of "calendar month "by another amendment, means that the definition of "named month" is no longer needed and is omitted by another amended.

[2.6]     Dictionary, part 1, definition of named month

omit

Explanatory note

This amendment omits the definition because it is made redundant as a result of the remaking of the definitions of calendar month and month by other amendments.