Acts Interpretation Act 1954 (Qld)

Acts Interpretation Act 1954

An Act to assist in the shortening and interpretation of Queensland Acts

Part 1 Preliminary

1 Short title This Act may be cited as the Acts Interpretation Act 1954.

2 Act applies to all Acts This Act applies to all Acts (including this Act). Note— For the application of this Act to statutory instruments, see the Statutory Instruments Act 1992, part 4, divisions 1 and 2.

3 [Repealed]

4 Displacement of Act by contrary intention The application of this Act may be displaced, wholly or partly, by a contrary intention appearing in any Act.

5 Act binds Crown This Act binds the Crown.

Part 2 Meaning of Act

6 References to Act (1) In an Act— Act means an Act of the Queensland Parliament, and includes— (a) a British or New South Wales Act that is in force in Queensland; and (b) an enactment of an earlier authority empowered to pass laws in Queensland that has received assent. (2) In an Act, a reference to 'an Act' includes the Act in which the reference is.

7 Act includes statutory instruments under Act etc. (1) In an Act, a reference (either generally or specifically) to a law (including the Act), or a provision of a law (including the Act), includes a reference to the statutory instruments made or in force under the law or provision. (2) In subsection (1)— law includes a law of the Commonwealth, another State or a Territory.

8 [Repealed]

Part 3 General provisions applying to Acts

9 Interpretation of Act in relation to Parliament's legislative power (1) An Act is to be interpreted as operating— (a) to the full extent of, but not to exceed, Parliament's legislative power; and (b) distributively. (1A) Without limiting subsection (1)(a), it is declared that subsection applies (and always applied) to the legislative power conferred on Parliament under the Coastal Waters (State Powers) Act 1980 (Cwlth), section 5 and the Coastal Waters (State Title) Act 1980 (Cwlth), section 4. (1B) Subsection (1A) does not apply in relation to the substantive criminal law, and the law of criminal investigation, procedure and evidence, under the cooperative scheme as defined under the Crimes at Sea Act 2001, section 3. (2) Without limiting subsection (1), if a provision of an Act would, apart from this section, be interpreted as exceeding power— (a) the provision is valid to the extent to which it does not exceed power; and (b) the remainder of the Act is not affected. (3) Without limiting subsection (1), if the application of a provision of an Act to a person, matter or circumstance would, apart from this section, be interpreted as exceeding power, the provision's application to other persons, matters or circumstances is not affected. (4) This section applies to an Act in addition to, and without limiting, any provision of the Act.