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Contents (1987 - 15)
Interpretation Act 1987 No 15
Current version for 15 September 2015 to date (accessed 20 November 2017 at 02:56)
Part 11
Part 11 Miscellaneous
64   Every section of an Act a substantive enactment
Every section of an Act has effect as a substantive enactment without introductory words.
64A   Schedules
A schedule to an Act or instrument has effect according to its tenor when it comes into force, whether or not the Act or instrument declares that the schedule has effect.
65   References to Acts generally
An Act passed by Parliament, or by any earlier legislature of New South Wales, may be referred to by the word “Act” alone.
66   Citation of particular Acts
(1)  An Act may be cited:
(a)  by its short title (or name), or
(b)  by reference to:
(i)  the year in which it was passed or, in the case of an Act passed before 1897, by reference to the regnal year in which it was passed, and
(ii)  its number.
(2)  A Commonwealth Act may be cited:
(a)  by its short title (or name), or
(b)  in such other manner as is sufficient in a Commonwealth Act,
together with a reference to the Commonwealth.
(3)  An Act or Ordinance of some other State or Territory may be cited:
(a)  by its short title (or name), or
(b)  in such other manner as is sufficient in an Act or Ordinance of that other State or Territory,
together with a reference to that other State or Territory.
(4)  A British Act may be cited:
(a)  by its short title (or name), or
(b)  in such other manner as is sufficient in a British Act,
together with a reference to the United Kingdom.
67   Citation of instruments etc
(1)  An instrument may be referred to:
(a)  by its citation (or name), or
(b)  by reference to:
(i)  in the case of an instrument that has been published in a printed copy of the Gazette—the number, date and page or pages of the Gazette in which it was published, or
(ia)  in the case of an instrument that has been published on the NSW legislation website—the date of its publication on that website, or
(ii)  in any other case—the date on which it was made,
together with a reference to the Act under which it was made.
(2)  An instrument made under a Commonwealth Act may be referred to:
(a)  by its citation (or name), or
(b)  in such other manner as is sufficient in a Commonwealth Act,
together with a reference to the Commonwealth.
(3)  An instrument made under an Act or Ordinance of some other State or Territory may be referred to:
(a)  by its citation (or name), or
(b)  in such other manner as is sufficient in an Act or Ordinance of that other State or Territory,
together with a reference to that other State or Territory.
(4)  An instrument made under a British Act may be referred to:
(a)  by its citation (or name), or
(b)  in such other manner as is sufficient in a British Act,
together with a reference to the United Kingdom.
68   References to amended or repealed Acts and instruments
(1)  In any Act or instrument, a reference to some other Act or instrument extends to the other Act or instrument, as in force for the time being.
(2)  Subsection (1) applies to a reference to an Act or instrument:
(a)  whether or not the reference includes a reference to subsequent amendments of the Act or instrument, and
(b)  whether or not the reference is to a mode of citation that includes 2 calendar years.
(3)  Notwithstanding subsection (1), in any Act or instrument:
(a)  a reference to an Act that has been repealed and re-enacted, with or without modification, extends to the re-enacted Act, as in force for the time being, and
(b)  a reference to an instrument that has been repealed and re-made, with or without modification, extends to the re-made instrument, as in force for the time being,
and a reference to a provision of the repealed Act or instrument extends to the corresponding provision of the re-enacted Act or the re-made instrument, as the case may be.
(3A)  Nothing in this section affects the operation of sections 11 and 12 of the Corporations (Ancillary Provisions) Act 2001.
(4)  In this section:
(a)  a reference to an Act includes a reference to:
(i)  a Commonwealth Act, and
(ii)  an Act or Ordinance of some other State or Territory, and
(iii)  a British Act, and
(iv)  the Companies (New South Wales) Code, the Companies (Acquisition of Shares) (New South Wales) Code, the Securities Industry (New South Wales) Code, the Futures Industry (New South Wales) Code and the Companies and Securities (Interpretation and Miscellaneous Provisions) (New South Wales) Code, and
(v)  the ASIC Law of New South Wales, and
(vi)  the Corporations Law of New South Wales, and
(vii)  the AFIC (NSW) Code and the Financial Institutions (NSW) Code, and
(viii)  the Friendly Societies (NSW) Code, and
(b)  a reference to an instrument includes a reference to an instrument made under such an Act or Ordinance.
(5)  This section extends to a reference to a repealed Act or instrument that is replaced by Commonwealth legislation (including legislation enacted in reliance on a referral of legislative power by the State).
69   References to publications other than Acts or instruments
(1)  In any Act or instrument, a reference to a publication other than an Act or instrument is a reference to the publication:
(a)  if a particular day is specified for that purpose in the Act or instrument—as in force or current on that particular day, or
(b)  in any other case—as in force or current on the day on which the provision containing the reference took effect.
(2)  Notwithstanding subsection (1), a reference in any Act or instrument to a publication extends to the publication, as in force for the time being:
(a)  if that intention appears in the Act or instrument, and
(b)  where that intention appears in the instrument—if the Act under which the instrument is made provides that such instruments may apply, adopt or incorporate publications, as in force for the time being.
69A   Evidence of publication of Australian standards or other publications
If an Act or statutory rule applies, adopts or incorporates by way of reference any publication, or any provision of a publication, of Standards Australia, any other body or any person expressly or impliedly identified in the Act or statutory rule, evidence of the publication or provision may be given in any proceedings:
(a)  by the production of a document purporting to be a copy of it and purporting to be published by or on behalf of Standards Australia or the other body or person concerned, or
(b)  by the production of a document purporting to be a copy of it and purporting to be printed by the Government Printer or by the authority of the Government of the Commonwealth, a State or a Territory.
69B   References to Standards Association of Australia
In any other Act or instrument, a reference to the Standards Association of Australia is a reference to Standards Australia (as defined in section 21).
70   References to changed short titles, names and citations
If the short title, name or citation of an Act or instrument is changed, a reference to the short title, name or citation in any other Act or instrument or in a document of any kind shall be read as a reference to the short title, name or citation as changed.
71   Time of expiry of temporary Acts and instruments
If an Act or instrument is expressed to expire, lapse or otherwise cease to have effect on a particular day, or to remain in force until a particular day, the Act or instrument shall continue in operation until the end of that day.
72   Retrospective commencement of continuing Acts
(1)  If a Bill for an Act to continue a temporary Act has been introduced into Parliament and is still pending at the expiration of the temporary Act, the Act shall, on the date of its assent, be deemed to have taken effect in continuing the temporary Act on the expiration of the temporary Act.
(2)  This section does not make any person liable to any penalty for or in respect of a contravention of the temporary Act that occurs after the expiration of the temporary Act and before the date of assent to the Act by which the temporary Act is continued.
73   Private Acts not to affect rights of the Crown etc
(1)  A Private Act that is passed after the commencement of this Act shall not be construed so as:
(a)  to affect, in a manner prejudicial to the Crown or any other person (other than a person at whose instance or for whose special benefit the Act is passed or some other person claiming by, through or under such a person), the rights of the Crown or any such other person existing before the passing of the Act, or
(b)  to impose liabilities on the Crown or any other person (other than a person at whose instance or for whose special benefit the Act is passed or some other person claiming by, through or under such a person) in respect of any thing done or omitted to be done before the passing of the Act.
(2)  Without limiting the effect of section 30:
(a)  the provisions of section 17 of the Act 16 Victoria No 1 (the Acts Shortening Act of 1852) continue to apply in relation to the rights of the Crown and any other person, being rights that would, but for those provisions, be affected by the passing of Private Acts to which that Act applied before the commencement of this Act, and
(b)  the provisions of section 14 of the Interpretation Act 1897 continue to apply in relation to the rights of the Crown and any other person, being rights that would, but for those provisions, be affected by the passing of Private Acts to which that Act applied before the commencement of this Act,
notwithstanding the repeal of those Acts by this Act.
74   Private Acts amended by Public Acts do not thereby become Public Acts
A Private Act does not become a Public Act merely because it has been amended by or under a Public Act.
75   Publication of statutory notices
If an Act or statutory rule requires a notice or advertisement to be published in the Gazette and in one or more newspapers or other location, it is sufficient compliance with the requirement if:
(a)  the notice or advertisement is published in the Gazette, and
(b)  there is published in each newspaper or other location:
(i)  a summary of the notice or advertisement, or
(ii)  a statement to the effect that the notice or advertisement has been published in the Gazette,
together with a reference to the date of publication of the Gazette in which the notice or advertisement has been published.
76   Service by post
(1)  If an Act or instrument authorises or requires any document to be served by post (whether the word “serve”, “give” or “send” or any other word is used), service of the document:
(a)  may be effected by properly addressing, prepaying and posting a letter containing the document, and
(b)  in Australia or in an external Territory—is, unless evidence sufficient to raise doubt is adduced to the contrary, taken to have been effected on the fourth working day after the letter was posted, and
(c)  in another place—is, unless evidence sufficient to raise doubt is adduced to the contrary, taken to have been effected at the time when the letter would have been delivered in the ordinary course of post.
(2)  In this section:
working day means a day that is not:
(a)  a Saturday or Sunday, or
(b)  a public holiday or a bank holiday in the place to which the letter was addressed.
77   Registered post etc not necessary in the case of Acts and statutory rules passed etc before 24.4.1969
(1)  Any Act or statutory rule under which a document (other than a summons) may be or is required to be served on a person by registered mail, registered post, certified mail or certified post (whether the word “serve”, “give” or “send” or any other word is used) shall be taken to authorise the service of the document by post (other than registered mail, registered post, certified mail or certified post) in addition to any other means by which the Act or statutory rule authorises the document to be served.
(2)  Subsection (1):
(a)  applies only to Acts and statutory rules enacted or made before 24 April 1969 (being the day on which the Interpretation (Amendment) Act 1969 commenced), and
(b)  so applies notwithstanding any provision of any such Act or statutory rule.
(3)  The Governor may, by order published in the Gazette, declare that subsection (1) does not apply to any specified Act or statutory rule or to any specified provision of any specified Act or statutory rule.
(4)  An order in force under subsection (3) does not affect the operation of subsection (1) in relation to the service of a document that was posted before the order was made.
78   Rules of court
(1)  The power of a person or body to make rules of court includes power to make rules of court for the purposes of any Act or statutory rule that permits or requires any thing to be done by or in accordance with rules of court.
(2)  If an Act or statutory rule:
(a)  confers any jurisdiction on a court or tribunal, or
(b)  extends or varies the jurisdiction of a court or tribunal,
the person or body having power to make rules or orders regulating the practice and procedure of the court or tribunal may make rules or orders (including rules or orders with respect to costs) regulating the practice and procedure of the court or tribunal in the exercise of the jurisdiction so conferred, extended or varied.
79   Authority to administer oaths
Any person or body authorised by law, or by consent of parties, to conduct a hearing for the purpose of the determination (by that or any other person or body) of any matter or thing shall have authority:
(a)  to receive evidence, and
(b)  to examine witnesses, and to administer oaths to witnesses, who have been lawfully called before that person or body.
80   Compliance with forms
(1)  If a form is prescribed by, or approved under, an Act or statutory rule, strict compliance with the form is not necessary but substantial compliance is sufficient.
(2)  If a form prescribed by, or approved under, an Act or instrument requires the form to be completed in a specified manner, or requires specified information to be included in, attached to or furnished with the form, the form is not duly completed unless it is completed in that manner and unless it includes, or has attached to or furnished with it, that information.
(3)  Without limiting the generality of subsections (1) and (2), in any form in, or approved under, an Act or statutory rule, a reference to a date that is presumed to be in the nineteenth or twentieth century may be construed as a reference to a date in the twenty-first century and the form may be altered accordingly.
(4)  If an Act or statutory rule requires anything to be in a form prescribed by rules of court (whether generally or in relation to a particular court or tribunal), any such rules of court may instead provide for the thing to be in a form approved under or in accordance with those rules.
80A   Maximum monetary penalty Local Court may impose in certain circumstances
If an Act:
(a)  provides that an offence under the Act may be dealt with summarily by the Local Court or, in the alternative, by another court, and
(b)  imposes a limit by reference solely to an amount of money (however expressed) on the penalty that the Local Court may impose when dealing with such an offence,
that limit, unless otherwise expressly provided by the Act, does not affect any non-monetary penalty that may be imposed by the Local Court for the offence.
81   (Repealed)
82   Repeals
Each Act specified in Schedule 2 is, to the extent indicated in that Schedule, repealed.
83   Savings and transitional provisions
Schedule 3 has effect.