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This is a Bill, not an Act. For current law, see the Acts databases.
House of Assembly—No 53
As laid on the table and read a first time, 10 November
2004
South Australia
Acts
Interpretation (Miscellaneous) Amendment Bill 2004
A Bill For
An Act to amend the Acts Interpretation Act 1915
and to make a related amendment to the Subordinate Legislation Act 1978.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Acts
Interpretation Act 1915
4 Amendment of section 4—Interpretation
5 Insertion of section 4AA
4AA Parts of speech and grammatical forms
6 Substitution of section 6
6 No requirement for separate
enacting words
7 Amendment of section 7—Commencement
of Acts
8 Insertion of section 10A
10A Commencement of certain statutory
instruments
9 Amendment of section 14A—Application
and interpretation
10 Amendment of section 14B—Citation
11 Substitution of section 19
19 Material that forms or does not
form part of Act
19A Examples
12 Insertion of section 27A
27A Sitting days
13 Amendment of section 33—Service by
post
14 Substitution of section 39
39 Variation, revocation and
expiration of regulations, rules or by-laws
15 Amendment of section 44—Interpretation
of references to summary proceedings
16 Insertion of sections 51 and 52
51 Production of records kept by
computer or other process
52 Bodies corporate and signing or
execution of documents
Schedule 1—Related amendment to Subordinate Legislation
Act 1978
1 Amendment of
section 10AA—Commencement of regulations
The Parliament of South Australia enacts
as follows:
This Act may be cited as the Acts Interpretation
(Miscellaneous) Amendment Act 2004.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the
amendment of a specified Act amends the Act so specified.
Part 2—Amendment of Acts Interpretation Act 1915
4—Amendment of section 4—Interpretation
(1) Section 4(1)—after definition of credit
union insert:
data storage device means any article or material (for
example, a disk) from which information is capable of being reproduced, with or
without the aid of any other article or device;
document includes—
(a) any paper or other material on which there is writing; and
(b) any map, plan, drawing, graph or photograph; and
(c) any
paper or other material on which there are marks, figures, symbols or
perforations having a meaning for persons qualified to interpret them; and
(d) any article or material from which sounds, images or
writings are capable of being reproduced with or without the aid of any other
article or device;
(2) Section 4(1)—after the definition of public
holiday insert:
record includes information stored or recorded
by computer or other process;
(3) Section 4(1), definition of statutory
instrument—after paragraph (a) insert:
(ab) a proclamation, notice, order or other
instrument made by the Governor or a Minister under an Act and published in the
Gazette; or
(4) Section 4(1), definition of writing—after
"words" insert:
, figures, drawings or symbols
(5) Section 4—after subsection (1) insert:
(2) A reference in an Act or statutory
instrument to—
(a) audiotape,
photograph, videotape or other word in the form of
a verb describing the capture or recording of images or sounds by an audiorecording, cinematographic, photographic or
videorecording device includes, unless the contrary intention appears, a
reference to the capture or recording of images or sounds by a digital device;
(b) an
audiotape, photograph, videotape or
other word in the form of a noun describing the item on which images or sounds
captured or recorded by an audiorecording,
cinematographic, photographic or videorecording device are stored or reproduced
includes, unless the contrary intention appears, a reference to a digital data
storage device;
(c) a book, paper, plan
or other word in the form of a noun describing an item on which there is
writing includes, unless the contrary intention appears, a reference to a
digital data storage device.
After section 4 insert:
4AA—Parts of
speech and grammatical forms
If an Act defines a word or phrase, other parts of speech and
grammatical forms of the word or phrase have, unless the contrary intention
appears, corresponding meanings.
Section 6—delete the section and
substitute:
6—No
requirement for separate enacting words
There is no requirement for a section or other portion of an Act
to have separate enacting words in order to have effect as a substantive
enactment.
7—Amendment of section 7—Commencement of Acts
(1) Section 7(3)(a)—after
"day" insert:
or time
(2) Section 7(3)(b)—after
"days" insert:
or times
(3) Section 7(3)(c)—delete
"a day or days" and substitute:
a day or time or days or times
(4) Section 7—after subsection (4) insert:
(4a) The
Governor may, by subsequent proclamation made before the date fixed by
proclamation under subsection (3) for an Act or provision to come into
operation, vary the proclamation so as to delay commencement of the Act or
provision.
Before section 11 insert:
10A—Commencement
of certain statutory instruments
(1) A statutory instrument (other than a
regulation, rule or by-law made under an Act)—
(a) may come into operation at a date or time specified in the
instrument; but
(b) may not come into operation earlier than the date on which
it is made, approved or adopted unless that earlier operation is authorised by
the Act under which the instrument is made, approved or adopted.
(2) A
statutory instrument (other than a regulation, rule or by-law made under an
Act) that contains no provision fixing the date or time of its commencement
comes into operation on the day on which it is made, approved or adopted.
9—Amendment of section 14A—Application and interpretation
Section 14A—after
subsection (2) insert:
(3) In
this Part, a reference to a section extends to a clause of an Act and a
regulation, rule and by-law and a clause of a statutory instrument.
10—Amendment of section 14B—Citation
Section 14B(3)—after
"or a Part or provision of some other Act," insert:
(whether an Act of this State or of the
Commonwealth or a place outside this State)
Section 19—delete the section and
substitute:
19—Material
that forms or does not form part of Act
(1) The following form part of an Act, subject
to any express provision to the contrary:
(a) preambles, schedules, dictionaries and appendices (including
their headings);
(b) chapter headings, part headings, division headings and
subdivision headings;
(c) examples, qualifications, exceptions, tables, diagrams, maps
and other illustrations (including their headings), except where they form part
of a note that forms part of the Act;
(d) punctuation.
(2) The following do not form part of an Act,
subject to any express provision to the contrary:
(a) section headings;
(b) notes (including their headings);
(c) lists of contents.
(3) In this section—
appendix does not include an appendix containing
legislative history notes;
note means—
(a) a marginal note; or
(b) a footnote (whether at the foot of a page or a section or a
heading); or
(c) any text designated as a note;
section has the meaning assigned by section 14A
and includes a portion of a section.
19A—Examples
If an example forms part of an Act, the
example—
(a) is not exhaustive; and
(b) may extend, but does not limit, the meaning of the Act or
the provision to which it relates.
After section 27 insert:
27A—Sitting
days
A reference in an Act to a number of sitting days of a House of
Parliament is, unless the contrary intention appears, a reference to the number
of those days regardless of whether the days or some of the days occur in
different sessions of Parliament or in different Parliaments.
13—Amendment of section 33—Service by post
(1) Section 33(2)—delete "registered
post" and substitute:
certified mail
(2) Section 33(2)—delete "effected by
certified mail" and substitute:
effected by registered post
Section 39—delete the section and
substitute:
39—Variation,
revocation and expiration of regulations, rules or by-laws
(1) A
power in an Act to make regulations, rules or by-laws includes power to vary or
revoke the regulations, rules or by-laws.
(2) The
power to vary or revoke is exercisable in the same way, and subject to the same
conditions, as the power to make the regulations, rules or by-laws.
(3) Regulations,
rules and by-laws may include a provision specifying a day on which the
regulations, rules or by-laws expire.
15—Amendment of section 44—Interpretation of references to summary proceedings
(1) Section
44(1)—delete "or statutory instrument"
(2) Section
44(2)—delete "or statutory instrument"
16—Insertion of sections 51 and 52
After section 50 insert:
51—Production
of records kept by computer or other process
If a person who keeps information by
computer or other process is required under an Act—
(a) to produce the information or a document containing the
information to a body or person; or
(b) to make the information or a document containing the
information available for inspection by a body or person,
then, unless the body or person otherwise directs—
(c) the
requirement obliges the person to produce or make available for inspection, as
the case may be, a document that reproduces the information in a form capable
of being understood by the body or person; and
(d) the production to the body or person of the document in that
form complies with the requirement.
52—Bodies
corporate and signing or execution of documents
If an Act requires or authorises a document to be signed or
executed by a person and the person is a body corporate, the Act will be taken
to require or authorise the affixing of the common seal of the body to the
document, or the signing of the document on behalf of the body, in accordance
with the Act (whether or not of this State) under which the body is
incorporated.
Schedule 1—Related amendment to Subordinate Legislation
Act 1978
1—Amendment of section 10AA—Commencement of regulations
(1) Section 10AA(1)—after
"date" insert:
or time
(2) Section 10AA(2)(a)—after
"date" first occurring insert:
, or at an earlier time,
(3) Section 10AA(2)(a)—after
"date" second occurring insert:
or at an earlier time
(4) Section 10AA(3)—after
"date" insert:
or time