Interpretation Act 1987 No 15
Current version for 24 February 2014 to date (accessed 27 November 2014 at 13:43)
Part 2Section 21

21   Meanings of commonly used words and expressions

(1)  In any Act or instrument:

affidavit, in the case of persons for the time being allowed by law to affirm, declare or promise, includes affirmation, declaration and promise.

amend, in relation to an Act or instrument, includes alter and vary.

ASC Law has the same meaning as ASIC Law.

ASC Regulations has the same meaning as ASIC Regulations when used in relation to the ASIC Law.

ASIC Law has the meaning provided for by Part 11 of the Corporations (New South Wales) Act 1990.

ASIC Regulations:

(a)  when used in relation to the ASIC Law, has the meaning provided for by Part 11 of the Corporations (New South Wales) Act 1990,
(b)  when used in relation to the Australian Securities and Investments Commission Act 2001 of the Commonwealth, means regulations made under, or taken to be made under, that Act.

Australia means the Commonwealth of Australia but, when used in a geographical sense, does not include an external Territory.

Australia Acts means the Australia Act 1986 of the Commonwealth and the Australia Act 1986 of the United Kingdom.

Australian lawyer has the same meaning as in the Legal Profession Act 2004.

Australian legal practitioner has the same meaning as in the Legal Profession Act 2004.

authorised deposit-taking institution or ADI means an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth.

bank means:

(a)  a bank as defined by section 5 of the Banking Act 1959 of the Commonwealth, or
(b)  a bank constituted under a law of a State or Territory.

British Act or Imperial Act means an Act of the British Parliament.

British Parliament or Imperial Parliament means:

(a)  the Parliament of England,
(b)  the Parliament of Great Britain,
(c)  the Parliament of the United Kingdom of Great Britain and Ireland, or
(d)  the Parliament of the United Kingdom of Great Britain and Northern Ireland,
as the case requires.

calendar month means a period commencing at the beginning of a day of one of the 12 named months and ending:

(a)  immediately before the beginning of the corresponding day of the next named month, or
(b)  if there is no such corresponding day, at the end of the next named month.

calendar year means a period of 12 months commencing on 1 January.

committal proceedings means proceedings for the purpose of deciding whether a person charged with an offence should be committed for trial or sentence.

Commonwealth means the Commonwealth of Australia but, when used in a geographical sense, does not include an external Territory.

Commonwealth Constitution means the Constitution of the Commonwealth.

Consolidated Fund means the fund formed as referred to in section 39 of the Constitution Act 1902.

contravene includes fail to comply with.

Corporations Law has the meaning provided for by Part 3 of the Corporations (New South Wales) Act 1990.

Corporations legislation means the Corporations legislation to which Part 1.1A of the Corporations Act 2001 of the Commonwealth applies.

Corporations Regulations:

(a)  when used in relation to the Corporations Law, has the meaning provided for by Part 3 of the Corporations (New South Wales) Act 1990, or
(b)  when used in relation to the Corporations Act 2001 of the Commonwealth, means regulations made under, or taken to be made under, that Act.

date of assent, in relation to an Act, means the day on which the Act receives the Royal Assent.

definition means a provision of an Act or instrument (however expressed) that:

(a)  gives a meaning to a word or expression, or
(b)  limits or extends the meaning of a word or expression.

document means any record of information, and includes:

(a)  anything on which there is writing, or
(b)  anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them, or
(c)  anything from which sounds, images or writings can be reproduced with or without the aid of anything else, or
(d)  a map, plan, drawing or photograph.

enrolled nurse means a person registered under the Health Practitioner Regulation National Law:

(a)  to practise in the nursing and midwifery profession as a nurse (other than as a student), and
(b)  in the enrolled nurses division of that profession.

environmental planning instrument means an environmental planning instrument within the meaning of the Environmental Planning and Assessment Act 1979.

estate includes interest, charge, right, title, claim, demand, lien and encumbrance, whether at law or in equity.

Executive Council means the Executive Council of New South Wales.

external Territory means a Territory, not being an internal Territory, for the government of which as a Territory provision is made by a Commonwealth Act.

foreign country means any country (whether or not an independent sovereign state) outside Australia and its external Territories.

Gazette or Government Gazette means the New South Wales Government Gazette published in print or on the NSW legislation website.

Government means the Government of New South Wales.

Government Printer means the Government Printer of New South Wales, and includes any other person authorised by or on behalf of the Government to print any Act or instrument or other document.

Health Practitioner Regulation National Law means:

(a)  the Health Practitioner Regulation National Law:
(i)  as in force from time to time, set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, and
(ii)  as it applies as a law of New South Wales or another State or a Territory, or
(b)  the law of another State or a Territory that substantially corresponds to the law referred to in paragraph (a).

High Court means the High Court of Australia.

indictable offence means an offence for which proceedings may be taken on indictment, whether or not proceedings for the offence may also be taken otherwise than on indictment.

individual means a natural person.

internal Territory means the Australian Capital Territory, the Jervis Bay Territory or the Northern Territory.

Jervis Bay Territory means the Territory referred to in the Jervis Bay Territory Acceptance Act 1915 of the Commonwealth.

land includes messuages, tenements and hereditaments, corporeal and incorporeal, of any tenure or description, and whatever may be the estate or interest therein.

Legislative Assembly means the Legislative Assembly of New South Wales.

Legislative Council means the Legislative Council of New South Wales.

local council means a council within the meaning of the Local Government Act 1993.

Local Court means the Local Court established under the Local Court Act 2007.

Magistrate means a Magistrate appointed under the Local Court Act 2007.

make, in relation to an instrument, includes issue and grant.

mentally incapacitated person means a person who is an involuntary patient or a forensic patient or a correctional patient within the meaning of the Mental Health Act 2007, or a protected person within the meaning of the NSW Trustee and Guardian Act 2009.

midnight, in relation to a particular day, means the point of time at which that day ends.

minor means an individual who is under the age of 18 years.

minor indictable offence means an indictable offence that is not a serious indictable offence.

month means a calendar month.

named month means January, February, March, April, May, June, July, August, September, October, November or December.

National Electricity (NSW) Law means the provisions applying because of section 6 of the National Electricity (New South Wales) Act 1997.

National Electricity (NSW) Regulations means the provisions applying because of section 7 of the National Electricity (New South Wales) Act 1997.

National Gas (NSW) Law means the provisions applying because of section 7 of the National Gas (New South Wales) Act 2008.

National Gas (NSW) Regulations means the provisions applying because of section 8 of the National Gas (New South Wales) Act 2008.

Northern Territory means the Northern Territory of Australia.

NSW Health Service means the NSW Health Service referred to in the Health Services Act 1997.

NSW legislation website means the website with the URL of www.legislation.nsw.gov.au, or any other website, used by the Parliamentary Counsel to provide public access to the legislation of New South Wales.

NSW Police Force means the NSW Police Force established by the Police Act 1990.

nurse means an enrolled nurse or a registered nurse.

oath, in the case of persons for the time being allowed by law to affirm, declare or promise, includes affirmation, declaration and promise.

office includes position.

Parliament means the Parliament of New South Wales.

party includes an individual, a corporation and a body corporate or politic.

penalty includes forfeiture and punishment.

penalty unit is defined in section 17 of the Crimes (Sentencing Procedure) Act 1999.

person includes an individual, a corporation and a body corporate or politic.

police officer means a member of the NSW Police Force who is a police officer within the meaning of the Police Act 1990.

proclamation means a proclamation of the Governor published in the Gazette or on the NSW legislation website.

property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description, including money, and includes things in action.

Public Service or NSW Public Service means the Public Service referred to in the Government Sector Employment Act 2013.

registered dentist or dentist means a person registered under the Health Practitioner Regulation National Law:

(a)  to practise in the dental profession as a dentist (other than as a student), and
(b)  in the dentists division of that profession.

registered medical practitioner or medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise as a medical practitioner (other than as a student).

registered midwife or midwife means a person registered under the Health Practitioner Regulation National Law to practise as a midwife (other than as a student).

registered nurse means a person registered under the Health Practitioner Regulation National Law:

(a)  to practise in the nursing and midwifery profession as a nurse (other than as a student), and
(b)  in the registered nurses division of that profession.

registered optometrist or optometrist means a person registered under the Health Practitioner Regulation National Law to practise in the optometry profession (other than as a student).

registered pharmacist or pharmacist means a person registered under the Health Practitioner Regulation National Law to practise as a pharmacist (other than as a student).

registered physiotherapist or physiotherapist means a person registered under the Health Practitioner Regulation National Law to practise in the physiotherapy profession (other than as a student).

registered podiatrist or podiatrist means a person registered under the Health Practitioner Regulation National Law to practise in the podiatry profession (other than as a student).

registered psychologist or psychologist means a person registered under the Health Practitioner Regulation National Law to practise as a psychologist (other than as a student).

Registrar-General means the Registrar-General holding office as such under Chapter 1A of the Public Sector Employment and Management Act 2002.

repeal, in relation to an instrument, includes revoke and rescind.

rules of court, in relation to a court or tribunal, means rules made by the person or body having power to make rules regulating the practice and procedure of the court or tribunal.

serious indictable offence means an indictable offence that is punishable by imprisonment for life or for a term of 5 years or more.

sign includes the affixing of a seal and the making of a mark.

Standards Australia means Standards Australia International Limited (ACN 087 326 690), and includes a reference to the Standards Association of Australia as constituted before 1 July 1999.

State means a State of the Commonwealth.

State industrial instrument means an industrial instrument within the meaning of the Industrial Relations Act 1996.

State owned corporation means a State owned corporation within the meaning of the State Owned Corporations Act 1989.

statutory declaration means a declaration made by virtue of any Act authorising a declaration to be made instead of an oath.

statutory rule means:

(a)  a regulation, by-law, rule or ordinance:
(i)  that is made by the Governor, or
(ii)  that is made by a person or body other than the Governor, but is required by law to be approved or confirmed by the Governor, or
(b)  a rule of court.

summary offence means an offence that is not an indictable offence.

swear, in the case of persons for the time being allowed by law to affirm, declare or promise, includes affirm, declare and promise.

Teaching Service means the Teaching Service of New South Wales referred to in the Teaching Service Act 1980.

Territory means a Territory of the Commonwealth.

the State means the State of New South Wales.

Transport Service means the Transport Service of New South Wales referred to in the Transport Administration Act 1988.

United Kingdom means the United Kingdom of Great Britain and Northern Ireland.

writing includes printing, photography, photocopying, lithography, typewriting and any other mode of representing or reproducing words in visible form.

(2)  In any Act passed before the commencement of this Act, and in any instrument made under such an Act:

Colony, in relation to any part of Australia, means the State or Territory that corresponds to that part of Australia.

the Colony means the State of New South Wales.

(3)  In any Act or instrument:
(a)  a reference to an offence that is punishable by imprisonment for a specified term or more includes a reference to a common law offence, and
(b)  a reference to an offence that is punishable by imprisonment for a specified term or more includes a reference to an offence punishable by imprisonment for life.
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