Acts Interpretation Act 1931 (Tas)

Acts Interpretation Act 1931

An Act to provide certain rules for the interpretation of Acts of Parliament; to define certain terms commonly used therein; and to facilitate the shortening of their phraseology [Royal Assent 18 January 1932]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1. Short title This Act may be cited as the Acts Interpretation Act 1931 .

2. Repeal The Interpretation Act 1906 , the Interpretation Act 1916 , and the Northern and Southern Divisions Act 1903 , are hereby repealed.

2A. Meaning of "regulation" In this Act, unless the contrary intention appears, regulation includes rule and by-law.

3. Acts to be construed subject to legislative powers of State Every Act shall be read and construed subject to the limits of the legislative powers of the State and so as not to exceed such powers, to the intent that, where any enactment thereof, but for this provision, would be construed as being in excess of such powers, it shall nevertheless be a valid enactment to the extent to which it is not in excess of such powers.

4. Application of Act (1) Except where otherwise expressly provided, the provisions of this Act shall be applied in the interpretation and construction of every Act whenever passed (including this Act) and of all regulations made under any Act, except in so far as – (a) any provision of this Act is inconsistent with or repugnant to the true intent and object of the particular Act or regulation to be interpreted; or, in case of a regulation, with the true intent and object of the Act under which such regulation purports to have been made; (b) the interpretation which any provision of this Act would give to anything contained in such particular Act or regulation is inconsistent with the context thereof or with any definition or interpretation contained in such particular Act or regulation or in the Act under which such regulation is made. (1A) For the purposes of applying this Act in the interpretation and construction of regulations made under an Act – (a) a reference in this Act to the passing of an Act, or to the time of the passing of an Act, shall be construed as a reference to the making of the regulations or the time when the regulations are made, as the case may be; (b) a reference in this Act to the Minister of the Crown for the time being administering an Act or enactment shall be construed as a reference to the Minister of the Crown administering the Act or enactment under which the regulations are made; and (c) a reference in this Act to a section or other division of an Act or to a subsection or other division of a section shall be construed as a reference to – (i) in the case of regulations, a regulation or other division of the regulations or, as the case may be, a subregulation or other division of such a regulation; (ii) in the case of rules, a rule or other division of the rules or, as the case may be, a subrule or other division of such a rule; or (iii) in the case of by-laws, a clause or other division of the by-laws or, as the case may be, a subclause or other division of such a clause. (2) Where in this Act reference is made to an Act passed after any specified date, such reference shall include every such Act, whether passed before or after the commencement of this Act. (3) This Act shall be binding on the Crown. (4) . . . . . . . .