INTERPRETATION ACT 1978

NORTHERN TERRITORY OF AUSTRALIA INTERPRETATION ACT 1978 As in force at 21 April 2023 Table of provisions Part I Preliminary 1 Short title ......................................................................................... 1 2 Repeal and savings ......................................................................... 1 3 Application of this Act ...................................................................... 2 4 Application to statutory instruments ................................................. 2 Part II Commencement of Acts 5 Date of commencement................................................................... 2 6 Proposed laws reserved for Governor-General ............................... 3 6A Time of commencement .................................................................. 3 6B References to commencement ........................................................ 3 7 Evidence of assent etc. ................................................................... 3 8 Exercise of powers before commencement ..................................... 4 9 Amendment before commencement................................................ 4 Part III Repeal and expiration of Acts 11 Repeal does not revive previous Act ............................................... 5 12 Effect of repeal ................................................................................ 5 13 Effect of State laws ceasing to apply ............................................... 5 14 Continuance of repealed provisions ................................................ 5 15 References to repealed provisions .................................................. 6 16 Expiration of Acts............................................................................. 6 Part IV Words and references in Acts 17 Definitions ........................................................................................ 6 18 Definitions to be read in context .................................................... 17 18A References relating to an Agency.................................................. 17 19 Ministerial references .................................................................... 17 19A Definitions of certain domestic relationships .................................. 18 20 Construction of statutory instruments ............................................ 19 21 By, under or pursuant to Act .......................................................... 19 22 Construction of amending Acts ...................................................... 19 23 Parts of speech and grammatical forms ........................................ 19 23A Defined words in Acts and references in other legislation ............. 19 24 Gender and number ...................................................................... 20 24A Range of numbers, words or other things ...................................... 20 24AA References to persons generally ................................................... 20 25 Service of documents .................................................................... 20 -- 1 of 65 -- Interpretation Act 1978 ii 26 References to writing ..................................................................... 21 27 Measurement of distance .............................................................. 22 28 Reckoning of time .......................................................................... 22 29 24 hour clock ................................................................................. 22 30 Reckoning of age........................................................................... 23 31 References to the Sovereign ......................................................... 23 34 References to Administrator .......................................................... 23 34A References to Administrator in Council ......................................... 24 35 Administrative Arrangements Order .............................................. 24 36 Publication and commencement of Administrative Arrangements Order ...................................................................... 25 37 References in agreements............................................................. 25 38 References to offices etc. .............................................................. 26 38A Reference to Commonwealth ministers etc. .................................. 27 Part IVA Penalties 38B Penal provisions include bodies corporate .................................... 27 38C Penalties at foot of sections and subsections ................................ 27 38DC Body corporate fines under provision authorising subordinate legislation....................................................................................... 28 38F Penalties for breach of subordinate legislation .............................. 28 38G Civil penalties ................................................................................ 28 Part V Powers, functions and authorities 39 Confirmation of appointments not required .................................... 28 40 Continuing to act during vacancy in office ..................................... 29 41 Occasions for exercise of powers etc. ........................................... 29 42 How power may be exercised........................................................ 29 43 Power to take action or make statutory instrument includes power to revoke, amend etc. ......................................................... 30 44 Power to appoint includes power to remove .................................. 30 44A Acting appointment ........................................................................ 30 46 Power to authorise another person to exercise power or perform function............................................................................. 30 46A Power of delegation ....................................................................... 32 48 Discretions ..................................................................................... 32 48A Participation in meetings by telephone etc. ................................... 32 48B Power to correct minor errors ........................................................ 33 Part VI Mechanics of legislation 49 Citation .......................................................................................... 33 50 References to other legislation ...................................................... 33 51 Reference to Act includes reference to statutory instruments under Act ....................................................................................... 34 52 References to Imperial, Commonwealth and State Acts ............... 34 53 References in an Act to provisions of that Act ............................... 34 -- 2 of 65 -- Interpretation Act 1978 iii 54 Every section a substantive enactment ......................................... 35 55 Material that is, and is not, part of an Act ...................................... 35 56 Numbering of Acts ......................................................................... 35 57 Numbering of subordinate legislation ............................................ 35 57A Amendment of instruments by Act ................................................. 36 57B Definitions automatically inserted in alphabetical order ................. 36 Part VII General Division 1 Construction 58 Amending act to be construed with amended Act.......................... 36 59 Act to be construed subject to power ............................................. 36 59A Public places etc. on Aboriginal land ............................................. 37 61 Construction of statutory instruments ............................................ 37 62 Construction of resolutions of Legislative Assembly ...................... 37 62A Regard to be had to purpose or object of Act ................................ 38 62B Use of extrinsic material in interpreting Act.................................... 38 62C Changes in drafting practice do not affect meaning....................... 39 62D Examples ....................................................................................... 39 62E Notes ............................................................................................. 39 Division 2 Statutory instruments 63 Procedure for making regulations .................................................. 40 63A Procedure for making rules or by-laws .......................................... 40 63B Commencement of subordinate legislation .................................... 41 63C Tabling and disallowance requirements ........................................ 42 64 Subordinate legislation not to be made in terms of disallowed subordinate legislation ................................................................... 42 65 Power to make subordinate legislation .......................................... 43 65A Subordinate legislation may prohibit .............................................. 43 65B Subordinate legislation may provide for review or appeal ............. 43 65C Subordinate legislation may provide for exemption, waiver or refund of fees ................................................................................. 44 65D Subordinate legislation may provide for infringement notice offences ......................................................................................... 44 65E Statutory instrument may require making of statutory declaration ..................................................................................... 44 65F Simultaneous actions .................................................................... 44 66 Prescribing matters by reference to other instruments .................. 45 Division 3 General 66A Gazette publication requirements .................................................. 45 67 Tabling documents in Legislative Assembly .................................. 46 68 Compliance with forms .................................................................. 46 69 Civil proceedings ........................................................................... 46 70 Powers of persons authorised to adjudicate .................................. 46 -- 3 of 65 -- Interpretation Act 1978 iv 71 Amendment in same session......................................................... 46 72 Sunday observance ....................................................................... 47 Part VIIA Incorporation of amendments 72A Meaning of reprint.......................................................................... 47 72B Reprint of legislation in force at stated date ................................... 47 72C Omission of making words in reprint .............................................. 47 72D Inclusion of tables of amendments in reprints................................ 47 Part VIII Transitional matters Division 1 Justice Legislation Amendment Act 2006 73 Subordinate legislation .................................................................. 48 74 Numbering of subordinate legislation ............................................ 48 Division 2 Interpretation Legislation Amendment Act 2018 75 Short titles and cross references taken to include year of enactment or making ..................................................................... 48 76 Disapplication of section 50(1) in certain circumstances ............... 49 Division 3 Interpretation Amendment Act 2021 77 Administrative Arrangements Orders............................................. 49 78 Tabling requirements for subordinate legislation ........................... 49 Schedule Ordinances repealed ENDNOTES -- 4 of 65 -- NORTHERN TERRITORY OF AUSTRALIA ____________________ As in force at 21 April 2023 ____________________ INTERPRETATION ACT 1978 An Act for the interpretation of Acts and for the shortening of their language and for other purposes Part I Preliminary 1 Short title This Act may be cited as the Interpretation Act 1978. 2 Repeal and savings (1) The Ordinances set out in Parts 1, 2 and 3 of the Schedule are repealed. (2) The laws of the State of South Australia set out in Part 4 of the Schedule cease to have effect in the Northern Territory as laws of the Northern Territory. (3) Where there is, in an Act, or a law of the State of South Australia in its application to the Northern Territory, made before the commencement of this Act, a word, expression or provision as to which there is no provision in this Act which is appropriate to its interpretation, application or effect but as to which a provision of a law in force before the commencement of this Act would, but for the repeal effected by this section, have continued to be appropriate to its interpretation, application or effect, the provision in that last- mentioned law continues to apply to the word, expression or provision in that first-mentioned law, notwithstanding the repeal effected by this section. (4) Notwithstanding the repeal effected by this section, in the interpretation, application or effect of a word, expression or provision in an Act, or law of the State of South Australia in its application to the Northern Territory, to or in relation to anything done or suffered before the commencement of this Act, reference shall be made to the law as in force or deemed before the commencement of this Act to be in force at the time when that thing was done or suffered and not to this Act, and that law continues to have effect for that purpose. -- 5 of 65 -- Part II Commencement of Acts Interpretation Act 1978 2 3 Application of this Act (1) Subject to section 2, this Act applies to each Act, and to each Ordinance and Act of the State of South Australia in its application to the Northern Territory, and to each Ordinance of the Northern Territory, whether made before or after the making of this Act, including this Act, as though that law were an Act. (2) This Act binds the Crown not only in right of the Territory but, so far as the legislative power of the Legislative Assembly permits, the Crown in all its other capacities. (3) In the application of a provision of this Act to a provision, whether in this Act or in another law, the first-mentioned provision yields to the appearance of an intention to the contrary in that other provision. 4 Application to statutory instruments This Act applies, so far as it is applicable: (a) to and in respect of statutory instruments made under laws to which this Act applies, and to and in respect of the interpretation, application and effect of such instruments, as if those instruments were Acts; and (b) without limiting its general application: (i) to and in respect of references to statutory instruments as if they were references to Acts; and (ii) to and in respect of references to Acts as if they were references to such instruments. Part II Commencement of Acts 5 Date of commencement (1) An Act commences on the day specified or provided for in the Act. (2) An Act may be specified to commence: (a) on a particular day or on a number of different days; or (b) on a day to be fixed by Gazette notice; or (c) on the happening of a particular event or events. Example for subsection (2)(c) On the commencement of another Act. -- 6 of 65 -- Part II Commencement of Acts Interpretation Act 1978 3 (3) If an Act is specified to commence as specified in subsection (2)(b): (a) a single day or time may be fixed; or (b) different days or times may be fixed for different provisions of the Act. (4) If an Act does not specify or provide for its commencement, or the commencement of any provision, the Act or the provision of the Act commences on the day after the day on which assent to the Act is declared. 6 Proposed laws reserved for Governor-General A proposed law or part of a proposed law reserved for the signification of the pleasure of the Governor-General does not have effect before the day on which notification of the Governor-General's assent is published in the Gazette, despite anything to the contrary in section 5 or in the proposed law. Note for section 6 See section 8 of the Northern Territory (Self-Government) Act 1978 (Cth). 6A Time of commencement An Act or a provision of an Act commences at the beginning of the day on which it commences, unless otherwise provided in the Act. 6B References to commencement A reference in an Act to the commencement or the day or time of commencement of the Act or part of the Act, or another Act or part of another Act, (the provisions concerned) is a reference to: (a) if the provisions concerned commence on a single day or at a particular time – that day or time; or (b) if different parts of the provisions concerned commence on different days or at different times – the last of those days or times. 7 Evidence of assent etc. (1) The date appearing on a copy of an Act printed by the Government Printer and purporting to be the day on which assent was given to the Act shall be evidence of that day. (2) The date appearing on a copy of an Act printed by the Government Printer and purporting to be the day on which the assent to the Act was notified in the Gazette shall be evidence of that day. -- 7 of 65 -- Part II Commencement of Acts Interpretation Act 1978 4 (3) The dates appearing on a copy of subordinate legislation printed by the Government Printer and purporting to be: (a) the date on which the subordinate legislation was made; and (b) the date on which the subordinate legislation was notified in the Gazette, shall be evidence of those dates. 8 Exercise of powers before commencement (1) A power to make a statutory instrument, or to do any other thing, under a provision of an Act may be exercised before the provision commences. Examples of powers under subsection (1) 1 A power to establish a board or other body. 2 A power to make regulations. 3 A power to approve forms. (2) The statutory instrument or other thing may take effect either: (a) on the commencement of the provision under which the power was exercised; or (b) before the commencement of the provision under which the power was exercised, to the extent necessary for the effective operation of the Act. (3) Subsection (1) applies whether the provision is in the Act as enacted or whether it is to be inserted into the Act by another Act. 9 Amendment before commencement At any time after a proposed law has been passed by the Legislative Assembly and before it has commenced: (a) it may be cited by its proposed short title; and (b) it may be the subject of a further proposed law to amend or repeal it, and if a provision of an Act to amend or repeal another Act (including a provision relating to the commencement of the Act proposed to be amended) commences before or on the same day as the Act or provision amended or repealed, the Act or provision amended or repealed, as the case may be, shall not commence except as amended or for the purpose of making the repeal effective as though the repealed provision had never existed. -- 8 of 65 -- Part III Repeal and expiration of Acts Interpretation Act 1978 5 Part III Repeal and expiration of Acts 11 Repeal does not revive previous Act Subject to section 63C(5), the repeal of an Act or part of an Act by which a previous Act or part of an Act was repealed, does not without express words have the effect of reviving that last- mentioned Act or part. 12 Effect of repeal The repeal of an Act or part of an Act does not: (a) revive anything not in force or existing at the time at which the repeal takes effect; (b) affect the previous operation of the Act or the part of the Act so repealed, or anything duly done or suffered under the Act or the part of the Act so repealed; (c) affect a right, privilege, obligation or liability acquired, accrued or incurred under an Act or the part of the Act so repealed, or an investigation, legal proceeding or remedy in respect of that right, privilege, obligation or liability; or (d) affect a penalty, forfeiture or punishment incurred in respect of an offence against the Act or part of the Act so repealed, or an investigation, legal proceeding or remedy in respect of that penalty, forfeiture or punishment, and the investigation, legal proceeding or remedy may be instituted, continued or enforced, and a penalty, forfeiture or punishment may be imposed, as if the repealing Act had not been made. 13 Effect of State laws ceasing to apply Where an Act repeals in whole or in part a law of the State of South Australia in its application to the Territory or provides that such a law or any part of such a law shall cease to apply to the Territory sections 11, 12, 14 and 15 apply as if the law of the State were an Act or a part of an Act which had been repealed. 14 Continuance of repealed provisions Where an Act repeals in whole or in part a former Act and substitutes provisions in lieu thereof, the repealed provisions continue in force until the substituted provisions commence. -- 9 of 65 -- Part IV Words and references in Acts Interpretation Act 1978 6 15 References to repealed provisions (1) If an Act repeals and re-enacts, with or without modification, any provision of a former Act, a reference in any other Act to the provision so repealed is taken to be a reference to the provision so re-enacted. (2) If a Commonwealth Act or legislative instrument repeals and re-enacts, with or without modification, any provision of a former Commonwealth Act or legislative instrument, a reference in an Act to the provision so repealed is taken to be reference to the provision so re-enacted. (3) If a State, Territory or New Zealand Act or subordinate legislation repeals and re-enacts, with or without modification, any provision of a former State, Territory or New Zealand Act or subordinate legislation, a reference in an Act to the provision so repealed is taken to be a reference to the provision so re-enacted. 16 Expiration of Acts Where an Act or part of an Act expires, sections 11, 12, 14 and 15 apply in respect of that expiration as though the Act or part had been repealed. Part IV Words and references in Acts 17 Definitions In an Act: Act means an Act passed by the Legislative Assembly and assented to under the Northern Territory (Self-Government) Act 1978 (Cth), and includes: (a) a Territory Ordinance; and (b) an Ordinance or Act of South Australia in its application to the Territory; and (c) a part of an Act. Acting Administrator means a person appointed under the Northern Territory (Self-Government) Act 1978 (Cth) to act in the office of Administrator. ADI means an authorised deposit-taking institution as defined in section 5(1) of the Banking Act 1959 (Cth). -- 10 of 65 -- Part IV Words and references in Acts Interpretation Act 1978 7 Administrative Arrangements Order means an Administrative Arrangements Order made under section 35 and notified under section 36. Administrator means the Administrator of the Territory, and includes an acting Administrator. adult means an individual who is at least 18 years old. affidavit means an affidavit made in accordance with the Oaths, Affidavits and Declarations Act 2010. Agency has the meaning in section 18A(1). appropriation, see section 3(1) of the Financial Management Act 1995. ASIC means the Australian Securities and Investments Commission continued in existence under the ASIC Act. ASIC Act means the Australian Securities and Investments Commission Act 2001 (Cth). Associate Judge means an Associate Judge as defined in section 9(1) of the Supreme Court Act 1979. Attorney-General has the same meaning as in section 7 of the Law Officers Act 1978. Auditor-General has the same meaning as in the Audit Act 1995. Australian Crime Commission means the Australian Crime Commission established by section 7 of the Australian Crime Commission Act 2002 (Cth). bank means an ADI that is permitted under the Banking Act 1959 (Cth) to assume or use: (a) the word bank, banker or banking; or (b) any other word (whether or not in English) that is of like import to a word mentioned in paragraph (a). bank cheque or banker's cheque means a cheque that an ADI draws on itself. building society means an ADI that is permitted under the Banking Act 1959 (Cth) to assume or use: (a) the expression building society; or -- 11 of 65 -- Part IV Words and references in Acts Interpretation Act 1978 8 (b) any other expression (whether or not in English) that is of like import to the expression mentioned in paragraph (a). business day means a day other than: (a) a Saturday or Sunday; or (b) a day that is a public holiday in the place in which any relevant act is to be done or may be done (other than a public holiday that is part of a day). calendar month means a period commencing at the beginning of any day of a named month and ending: (a) at the end of the day before 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 the year commencing on 1 January. Central Holding Authority means the Central Holding Authority established under the Financial Management Act 1995. Chief Health Officer, see section 4 of the Public and Environmental Health Act 2011. Chief Judge, see section 3 of the Local Court Act 2015. Chief Justice, see section 9(1) of the Supreme Court Act 1979. Civil and Administrative Tribunal means the Northern Territory Civil and Administrative Tribunal established under the Northern Territory Civil and Administrative Tribunal Act 2014. Commissioner of Correctional Services means the person holding or occupying the office of Commissioner of Correctional Services mentioned in section 17 of the Correctional Services Act 2014. Commissioner of Police means the Commissioner of Police appointed or holding office under the Police Administration Act 1978. commissioner for oaths, see section 3 of the Oaths, Affidavits and Declarations Act 2010. -- 12 of 65 -- Part IV Words and references in Acts Interpretation Act 1978 9 committed for trial, in relation to a person, means: (a) committed into the custody of the Commissioner of Correctional Services, or the Chief Executive Officer (as defined in section 19 of the Public Sector Employment and Management Act 1993) of the Agency responsible for youth justice, with a view to being tried before a judge and jury; or (b) granted bail under the Bail Act 1982 to appear and be tried before a judge and jury. Commonwealth means the Commonwealth of Australia. Commonwealth Act means an Act passed by the Parliament of the Commonwealth. Consolidated Revenue Account means the Central Holding Authority. contravene includes fail to comply with. Corporations Act 2001 means the Corporations Act 2001 (Cth). court of competent jurisdiction means a court or tribunal having jurisdiction to hear and determine the legal proceeding mentioned in the Act in which the expression occurs. credit union has the same meaning as in section 47 of the Financial Sector Reform (Northern Territory) Act 1999. Criminal Code means the Criminal Code Act 1983, Schedule I. de facto partner has the meaning in section 19A(3). de facto relationship has the meaning in section 19A(3). department means a department of the Public Service of the Territory. document includes: (a) any of, or part of any of, the following things: (i) paper or other material on which there is writing; (ii) a map, plan, drawing or photograph; (iii) paper or other material on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; -- 13 of 65 -- Part IV Words and references in Acts Interpretation Act 1978 10 (iv) an article or any material from which sounds, images or writings are capable of being reproduced with or without the aid of another article or device; (v) an article on which information has been stored or recorded, either mechanically or electronically; (vi) any other record or information; and (b) a copy, reproduction or duplicate, or part of a copy, reproduction or duplicate, of a thing mentioned in paragraph (a). Electoral Commission means the Northern Territory Electoral Commission established by the Electoral Act 2004. Electoral Commissioner means the person holding or occupying the office of Electoral Commissioner established by section 314 of the Electoral Act 2004. estate includes any estate or interest, charge, right, title, claim, demand, lien or encumbrance at law or in equity. Executive Council means the Executive Council of the Territory as established under section 33 of the Northern Territory (Self- Government) Act 1978 (Cth). external territory means a Territory, other than the Australian Capital Territory, the Jervis Bay Territory or the Northern Territory, for the government of which as a Territory provision is made by a Commonwealth Act. Family Court means the Federal Circuit and Family Court of Australia (Division 1) under the Federal Circuit and Family Court of Australia Act 2021 (Cth). Federal Circuit Court means the Federal Circuit and Family Court of Australia (Division 2) under the Federal Circuit and Family Court of Australia Act 2021 (Cth). Federal Circuit Court and Family Court of Australia, see section 7(1) of the Federal Circuit and Family Court of Australia Act 2021 (Cth). Federal Court means the Federal Court of Australia created by section 5 of the Federal Court of Australia Act 1976 (Cth). financial year means the year ending on 30 June. -- 14 of 65 -- Part IV Words and references in Acts Interpretation Act 1978 11 friendly society has the same meaning as in section 48 of the Financial Sector Reform (Northern Territory) Act 1999. function includes duty. Gazette, Government Gazette, Northern Territory Government Gazette or Gazette of the Northern Territory means the Government Gazette of the Territory. Gazette notice means a notice published in the Gazette. Government Printer includes a person printing with the authority of the Territory. 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 (Qld); and (ii) as it applies as a law of the Territory, a State or another Territory (with or without modification); or (b) the law of a State or another Territory that substantially corresponds to the law mentioned in paragraph (a). Note for definition Health Practitioner Regulation National Law The Health Practitioner Regulation National Law is applied as a law of the Territory by the Health Practitioner Regulation (National Uniform Legislation) Act 2009. husband has the meaning in section 19A(2). ICAC means the Independent Commissioner Against Corruption established by section 17 of the Independent Commissioner Against Corruption Act 2017. Imperial Act means an Act passed by the Parliament of the United Kingdom. indictable offence means: (a) an offence that is an indictable offence under section 3(2) of the Criminal Code; or (b) an act or omission committed outside the Territory that would be an indictable offence under paragraph (a) if it were committed in the Territory. -- 15 of 65 -- Part IV Words and references in Acts Interpretation Act 1978 12 indictment includes information. individual means a natural person. infant means a person who has not attained the age of 18 years. insert, in relation to a provision, includes substitute. instrument of a legislative or administrative character includes regulations, rules, by-laws, orders, determinations, proclamations, awards, documents and authorities made, granted or issued under a power conferred by an Act. justice of the peace means a justice of the peace within the meaning of the Justices of the Peace Act 1991. land includes all messuages, tenements and hereditaments, corporeal and incorporeal, of any tenure or description and whatever may be the estate or interest in the land. law of the Territory means: (a) an Act; or (b) an instrument of a legislative character; or (c) an existing law of the Territory within the meaning of section 57 of the Northern Territory (Self-Government) Act 1978 (Cth) that is not a law mentioned in paragraph (a) or (b); or (d) the common law. lawyer means an Australian lawyer as defined in section 5(a) of the Legal Profession Act 2006. legal practitioner means an Australian legal practitioner as defined in section 6(a) of the Legal Profession Act 2006. legislation website means: (a) the website with the address legislation.nt.gov.au maintained by the Agency; or (b) an alternative website authorised in writing by the Chief Executive Officer of the Agency. Legislative Assembly means the Legislative Assembly of the Territory. -- 16 of 65 -- Part IV Words and references in Acts Interpretation Act 1978 13 Local Court means the Local Court of the Northern Territory under the Local Court Act 2015. Local Court Judge, means a Judge or acting Judge as defined in section 3 of the Local Court Act 2015. local government area means an area as defined in section 7 of the Local Government Act 2019. local government council means a council as defined in section 7 of the Local Government Act 2019. marriage has the meaning in section 19A(2). medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student). member of the Police Force means a member of the Police Force appointed or holding office under the Police Administration Act 1978. minister has the meaning in section 19(1). Ministerial office, see section 4(1) of the Northern Territory (Self-Government) Act 1978 (Cth). monetary unit means, during a financial year, the amount, in dollars, calculated for that year in accordance with the Monetary Units Act 2018. month means a calendar month. Northern Territory Government Account means the official ADI account opened under the Financial Management Act 1995. notified in the Gazette, in relation to an instrument, means that notification of the making of the instrument and the following information is published in the Gazette: (a) the title of the Act under which the instrument is published; (b) the provision of the Act under which the instrument is required to be published that provides the power for the making of the instrument; (c) the title of the instrument; (d) the date of making of the instrument. -- 17 of 65 -- Part IV Words and references in Acts Interpretation Act 1978 14 NTCAT means the Northern Territory Civil and Administrative Tribunal established under section 7 of the Northern Territory Civil and Administrative Tribunal Act 2014. oath means an oath made in accordance with the Oaths, Affidavits and Declarations Act 2010. Ordinance includes: (a) an Act; and (b) an Ordinance or Act of South Australia in its application to the Territory. Parliament means the Legislative Assembly. party includes a body politic and a body corporate. penalty unit has the same meaning as in the Penalty Units Act 2009. person includes a body politic and a body corporate. Note for definition of person Section 24AA also deals with references to persons generally. police officer means a member of the Police Force. prescribed means prescribed by the Act in which the word is used or by a statutory instrument made, granted or issued under that Act. proclamation means proclamation by the Administrator published in the Gazette. public holiday means a day or part of a day specified in, or appointed under, the Public Holidays Act 1981 to be observed as a public holiday. public place includes the following: (a) a place to which free access is permitted to the public with the express or tacit consent of the owner or occupier of the place; (b) a place to which the public are admitted on payment of money; (c) a road, street, footway, court, alley or thoroughfare that the public are allowed to use, even if the road, street, footway, court, alley or thoroughfare is on private property. -- 18 of 65 -- Part IV Words and references in Acts Interpretation Act 1978 15 public sector employee means an employee within the meaning of the Public Sector Employment and Management Act 1993. real property includes a lease of land. Registrar-General means the person holding or occupying the office of Registrar-General mentioned in section 5(1) of the Registration Act 1927. regulatory offence means an offence specified in an Act or subordinate legislation to be a regulatory offence. revenue unit, see the Revenue Units Act 2009. see, when used to define a term, means the term has the same meaning as in the law or provision mentioned in that definition. sitting day, of the Legislative Assembly, means a day on which the Assembly meets. Speaker means the Speaker of the Legislative Assembly. spouse has the meaning in section 19A(1). State means a State of the Commonwealth. statutory corporation means a corporation, commission or authority incorporated by name for a public purpose by a law of the Territory, but does not include a local government council. statutory declaration means a statutory declaration made in accordance with the Oaths, Affidavits and Declarations Act 2010. statutory instrument means an instrument of a legislative or administrative character. stepchild has the meaning in section 19A(4). step-relative has the meaning in section 19A(5). subordinate legislation means: (a) regulations, rules or by-laws to which section 63 or 63A applies; or (b) a statutory instrument that, under an Act, is an instrument to which section 63 or 63A applies. summary offence, see section 3(3) of the Criminal Code. -- 19 of 65 -- Part IV Words and references in Acts Interpretation Act 1978 16 Supreme Court means the Supreme Court of the Northern Territory of Australia established under the Supreme Court Act 1979. Supreme Court Judge means a Judge as defined in section 9(1) of the Supreme Court Act 1979. table, in the Legislative Assembly, means to lay before the Assembly. Territory means a Territory of the Commonwealth. the Agency has the meaning in section 18A(2). the Chief Executive Officer means the person holding or occupying the office of the Chief Executive Officer of the Agency administering the provision of the Act in which the expression occurs. the Minister has the meaning in section 19(2). the Regulations means the regulations made under the Act in which the expression occurs. the Territory means, according to the context, the body politic established by the Northern Territory (Self-Government) Act 1978 (Cth) as the Northern Territory of Australia or the geographical area constituting the Northern Territory of Australia. this Act includes a statutory instrument under the Act in which the expression occurs. Treasurer means the Treasurer of the Northern Territory. Under Treasurer means the Chief Executive Officer, within the meaning of the Public Sector Employment and Management Act 1993, of the Agency administering the Financial Management Act 1995. Valuer-General means the person holding or occupying the office of the Valuer-General mentioned in section 5(1) of the Valuation of Land Act 1963. widow has the meaning in section 19A(2). widower has the meaning in section 19A(2). wife has the meaning in section 19A(2). year means a period of 12 months. -- 20 of 65 -- Part IV Words and references in Acts Interpretation Act 1978 17 18 Definitions to be read in context Definitions in or applicable to an Act apply except so far as the context or subject matter otherwise indicates or requires. 18A References relating to an Agency (1) An Agency is a department or unit of a department, or other authority or body: (a) nominated as an Agency in an Administrative Arrangements Order; or (b) declared by an Act to be an Agency for the Public Sector Employment and Management Act 1993 or the Financial Management Act 1995. (2) A reference to the Agency in a provision of an Act is a reference to the Agency administering the provision in which the expression occurs. (3) A reference to the Agency administering a provision of an Act or having responsibility for an area or activity of government is a reference to the Agency to which the administration of the provision or responsibility for the area or activity is allocated by an Administrative Arrangements Order or Act. (4) A reference to a specified Agency (including a reference to an Agency that no longer exists) in a provision of an Act includes a reference to the department, authority or body to which the administration of the provision is allocated by an Administrative Arrangements Order or Act. 19 Ministerial references (1) A minister is a person holding a Ministerial office. (2) A reference in an Act to the Minister: (a) is a reference to: (i) the minister administering the Act in or for which the expression is used; or (ii) if different ministers are administering the Act in different respects, each of the ministers to the extent the minister is administering it in the relevant respect; and (b) includes a minister acting for the Minister. -- 21 of 65 -- Part IV Words and references in Acts Interpretation Act 1978 18 (3) A reference to the minister administering a provision of an Act or having responsibility for an area or activity of government is a reference to the minister to whom the provision or responsibility for the area or activity is allocated by an Administrative Arrangements Order or Act. (4) A reference in a provision of an Act to the Minister or a specified minister (including a reference to a minister that no longer exists) includes a reference to the minister to whom the administration of the provision is allocated by an Administrative Arrangements Order or Act. (5) If a reference is made in a provision of an Act to the Minister and the administration of the provision has not been allocated to a minister by an Administrative Arrangements Order or Act, the reference is a reference to any minister. 19A Definitions of certain domestic relationships (1) In any Act: spouse, of a person, means: (a) a person to whom the person is validly married under the Marriage Act 1961 of the Commonwealth; or (b) if the person is an Aboriginal or Torres Strait Islander – an Aboriginal or Torres Strait Islander to whom the person is married according to the customs and traditions of the particular community of Aboriginals or Torres Strait Islanders with which either person identifies. (2) In any Act, marriage, husband, wife, widow and widower have the meanings that correspond with the meaning of spouse. (3) In any Act, de facto partner and de facto relationship have the meanings in section 3(1) of the De Facto Relationships Act. (4) In any Act: stepchild, of a person, means a child who is: (a) if the person is married – a child of the person's spouse but not a child of the person; or (b) if the person is in a de facto relationship – a child of the person's de facto partner but not a child of the person. -- 22 of 65 -- Part IV Words and references in Acts Interpretation Act 1978 19 (5) In any Act, a reference to a step-relative of a person is read as having the meaning that corresponds with the meaning of stepchild. 20 Construction of statutory instruments (1) Words, expressions and provisions in a statutory instrument have the same interpretation, application and effect as they have in the Act under which the instrument is made, granted or issued. (2) A reference in a statutory instrument to the Act is a reference to the Act under which the instrument is made, granted or issued. 21 By, under or pursuant to Act In an Act, by, under, pursuant to or in pursuance of that Act or another Act means by, under, pursuant to or in pursuance of that Act or other Act or a statutory instrument under that Act or other Act. 22 Construction of amending Acts Words, expressions and provisions contained in an Act amending another Act shall have the same interpretation, application and effect as in that Act being amended. 23 Parts of speech and grammatical forms In an Act, where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings. 23A Defined words in Acts and references in other legislation (1) This section applies to a word or term defined in a particular way in an Act if the spelling of the word, or a word in the term, is no longer consistent with current legislative drafting practice. (2) In subordinate legislation made under that Act or in other Acts or subordinate legislation, the word may be spelt in accordance with current legislative drafting practice and, if it is so spelt, the idea expressed must not be taken to be different merely because of the spelling. Note for section 23A If an Act uses or defines the term "authorized officer" or "authorized person", then in subordinate legislation made under the Act "authorized" may be spelt as "authorised" without changing the idea relating to the word’s usage. -- 23 of 65 -- Part IV Words and references in Acts Interpretation Act 1978 20 24 Gender and number (1) In an Act, any language that indicates or could be taken to indicate a person of a particular gender or sex includes any individual, regardless of gender or sex. (2) In an Act: (a) words in the singular include the plural; and (b) words in the plural include the singular. Examples for section 24(2) 1 The word "dog" includes the word "dogs". 2 The word "cats" includes the word "cat". 24A Range of numbers, words or other things If an Act refers to a range of numbers, words or other things, the numbers, words or things indicating the beginning and end of the range are included in the range. Examples for section 24A 1. A reference to sections 56 to 60 includes sections 56 and 60. 2. A reference to all the words from eagle to kite includes eagle and kite. 24AA References to persons generally (1) In an Act, a reference to a person generally includes a reference to a body politic and body corporate as well as an individual. Examples of references to persons generally in subsection (1) 1. anyone. 2. no-one. 3. party. 4. someone. (2) Subsection (1) is not displaced merely because there is an express reference to either an individual, body politic or body corporate elsewhere in the Act. 25 Service of documents (1) A person may serve a document on an individual or body (the recipient): (a) by giving it to: (i) if the recipient is an individual – the recipient; or -- 24 of 65 -- Part IV Words and references in Acts Interpretation Act 1978 21 (ii) if the recipient is a body – an executive officer of the body; or (iii) in any case – a person authorised by the recipient to receive the document; or (b) by sending it by prepaid post addressed to the recipient at the recipient's address; or (c) by sending it to the recipient by fax; or (d) by leaving it, addressed to the recipient, at the recipient's address with someone who appears to be at least 16 years old and appears to live or be employed there. (2) A document served under subsection (1)(b) is taken to be served when it would have been delivered in the ordinary course of post. (3) Subject to evidence to the contrary, a document served under subsection (1)(c) is taken to be served when it was sent to a current fax number of the recipient. (4) A document served under subsection (1)(d) is taken to be served when it was left with the person mentioned in the subsection. (5) This section has effect for the service of a document whether or not the word serve is used in the law providing for the service of the document. (6) In this section: address, of a recipient, includes the latest home and business addresses of the recipient that are recorded for a law in force in the Territory. body includes an incorporated body. document includes a notice and any other thing that may be sent by a method mentioned in subsection (1). executive officer, of a body, means: (a) for an Agency – the Chief Executive Officer of the Agency. or (b) otherwise – a person (however described) who is concerned with, or participates in, the body's management. 26 References to writing In an Act, words, expressions and provisions referring to writing shall be construed as including references to any mode of -- 25 of 65 -- Part IV Words and references in Acts Interpretation Act 1978 22 representing or reproducing words, figures or symbols in a visible form whether or not an optical, electronic, mechanical or other means or process must be used before they can be perceived. 27 Measurement of distance In the measurement of a distance for the purposes of an Act the measurement shall be made in a straight line in a horizontal plane. 28 Reckoning of time (1) If in an Act a period of time dating from a given day, act or event is prescribed, allowed or limited for any purpose, the time must be reckoned exclusive of such day or of the day of such act or event. (1A) If an Act provides that a period of time ends at, with or on a given day, act or event, the time is reckoned to include that day or the day of that act or event. (2) If the last day of any period prescribed, allowed or limited by an Act for the doing of any thing falls on a Saturday, on a Sunday or on a public holiday in the place in which the thing is to or may be done (other than a public holiday that is part of a day), the thing may be done on the first day following which is not a Saturday, a Sunday or a public holiday in that place. (3) In an Act, a reference to time must be read as a reference to standard time declared by section 4 of the Standard Time Act 2005. (4) A reference in an Act to a thing existing or having effect from time to time is a reference to the thing existing or having effect at any time. (5) A reference in an Act to a thing existing or having effect for the time being is a reference to the thing existing or having effect at that time. 29 24 hour clock (1) A reference in an Act to a time of day expressed as 4 digits in hours is a reference to the time after midnight that is the number of hours (if any) equal to the number constituted by the first and second of those digits and the number of minutes (if any) less than an hour equal to the number constituted by the third and fourth of those digits. -- 26 of 65 -- Part IV Words and references in Acts Interpretation Act 1978 23 (2) For the purposes of subsection (1), where the first of 2 digits constituting a number of hours or a number of minutes is 0, that number of hours or number of minutes, as the case may be, shall be taken to be the number constituted by the second of those 2 digits. 30 Reckoning of age (1) In the reckoning of age of a person for the purposes of any Act, the person must be taken to have attained a particular age on the relevant anniversary of the person's birth. (2) Subject to subsection (3), if an Act refers to the anniversary of the birth of a person, that reference must be read as a reference to the day on which the anniversary occurs. (3) If a person was born on 29 February in any year, then, in any subsequent year that is not a leap year, the anniversary of the birth of that person is taken to be 28 February in that subsequent year. 31 References to the Sovereign A reference in an Act to the Sovereign reigning at the time of the passing of the Act, or to the Crown, is a reference to the Sovereign reigning for the time being. 34 References to Administrator (1) Subject to this section, a provision of an Act that confers upon the Administrator a power or function shall not be read as requiring, permitting or enabling the Administrator to exercise that power or perform that function except with the advice of the Executive Council. (2) The Administrator may, without reference to the Executive Council: (a) exercise a power to fix a date for the bringing into operation of an Act or subordinate legislation or provisions of an Act or subordinate legislation; or (b) exercise any other power or perform any function that the Administrator, with the advice of the Executive Council, determines, by notice in the Gazette, to be a power that may be exercised, or a function that may be performed, as the case may be, by the Administrator without reference to the Executive Council. -- 27 of 65 -- Part IV Words and references in Acts Interpretation Act 1978 24 (3) The Administrator may, without reference to the Executive Council: (a) exercise any power where the exercise of that power relates only to; or (b) perform any function where the performance of that function relates only to, matters in respect of which the Ministers of the Territory do not have executive authority under section 35 of the Northern Territory (Self-Government) Act 1978 of the Commonwealth. 34A References to Administrator in Council A reference in an Act to the Administrator in Council shall be read as a reference to the Administrator, and section 34 applies accordingly. 35 Administrative Arrangements Order (1) The Administrator may make an Administrative Arrangements Order. (2) An Administrative Arrangements Order may do any of the following: (a) nominate a department or other authority or body as an Agency; (b) allocate to a specified minister or the minister holding a specified Ministerial office: (i) the administration of an Act or a provision of an Act; or (ii) the responsibility for an area or activity of government or a government authority or government entity; or (iii) responsibility for an Agency nominated under paragraph (a); (c) allocate to an Agency nominated under paragraph (a): (i) the administration of an Act or a provision of an Act; or (ii) the responsibility for an area or activity of government or a government authority or government entity. Note for subsection (2)(a) See the definition of Agency in sections 3(1) of the Financial Management Act 1995 and 3(1) of the Public Sector Employment and Management Act 1993. -- 28 of 65 -- Part IV Words and references in Acts Interpretation Act 1978 25 (3) For subsection (2)(b)(i): (a) different provisions of an Act may be administered by different ministers; and (b) different ministers may administer an Act in different respects; and (c) 2 or more ministers may jointly administer the same Act or the same provisions of an Act. (4) For subsection (3)(c), the joint administration of an Act or provisions of an Act does not require the ministerial function to be exercised jointly. (5) The administration of any Act not allocated to a minister or an Agency by an Administrative Arrangements Order is allocated to the minister who has, and the Agency that has, responsibility for the area or activity of government under the Administrative Arrangements Order to which the subject matter of the Act most closely relates. 36 Publication and commencement of Administrative Arrangements Order (1) Notice of the making of an Administrative Arrangements Order must be published in the Gazette. (2) The notice must specify where a copy of the Administrative Arrangements Order may be obtained. (3) An Administrative Arrangements Order takes effect: (a) when notice of its making is published under subsection (1); or (b) at a later time specified in the Administrative Arrangements Order. 37 References in agreements Where an agreement is entered into by or on behalf of the Territory and, after the date of the agreement, the functions of an Agency in relation to the administration of matters to which the agreement relates are or have been allocated to another Agency by an Administrative Arrangements Order or an Act: -- 29 of 65 -- Part IV Words and references in Acts Interpretation Act 1978 26 (a) a reference in the agreement to the Minister administering the first-mentioned Agency shall be read as a reference to the Minister administering the second-mentioned Agency or to a minister acting for the time being for him and on his behalf; and (b) a reference in the agreement to the first-mentioned Agency shall be read as a reference to the second-mentioned Agency. 38 References to offices etc. (1) In an Act: (a) a reference to an officer or office shall be construed as a reference to such an officer or office for the Territory; and (b) references to localities, jurisdictions and other matters and things shall be construed as references to such localities, jurisdictions and other matters and things in and of the Territory. (2) Where, in relation to a power or function, there is, in a provision of an Act or in an agreement entered into by or on behalf of the Territory, reference to a person, an officer, an office, a body corporate or a body of persons and there is no longer such a person, officer, office or body, or that power or function is no longer a power or function of that person, officer, office or body, the reference shall be read as including: (a) a reference to a person, officer, office or body for the time being having that power or function; or (b) if there is no person, officer, office or body for the time being having that power or function, a reference to such person, officer, office or body as is specified by order of the Minister administering that provision or administering the Department or other Agency the functions of which include the administration of matters to which the provision relates; or (c) if there is no person, officer, office or body for the time being having that power or function, no minister administering that provision and no department or other Agency with functions that include the administration of matters to which the provision relates, the Administrator. (3) Where in an Act or in an order made under subsection (2), a person holding or occupying a particular designation, office or position is mentioned or referred to in general terms, the mention or reference shall be read as including a reference to all persons who at any time for the time being hold or occupy or perform the duties of that -- 30 of 65 -- Part IVA Penalties Interpretation Act 1978 27 designation, office or position. 38A Reference to Commonwealth ministers etc. (1) Notwithstanding section 38, where in a provision of an Act reference is made to a Commonwealth minister or department or to an office, officer, body corporate or body of persons established by or under an Act of the Commonwealth, that reference shall be read as or as including a reference to such minister, department, office, officer or body, whether Commonwealth or Territory, as is determined by the Administrator by notice published in the Gazette. (2) Where in a provision of an Act reference is made to a Commonwealth minister or department and there is no longer any such minister or department and no determination has been made under subsection (1), that reference shall be read as a reference to the minister for the time being administering the Northern Territory (Self-Government) Act 1978 of the Commonwealth, or to the department of that minister, as the case may be. Part IVA Penalties 38B Penal provisions include bodies corporate A provision of an Act relating to offences shall be read as referring to bodies corporate as well as to individuals. 38C Penalties at foot of sections and subsections (1) The penalty, pecuniary or otherwise, set out: (a) at the foot of a section; or (b) at the foot of a subsection, of an Act indicates that a contravention of the section or of the subsection respectively, is an offence against the Act punishable on a finding of guilt by a penalty not exceeding the penalty so set out. (1AA) Subsection (1) applies regardless of whether the penalty is expressed as a maximum penalty. (1A) For subsection (1), a penalty is taken to be at the foot of a section or subsection even if an example or note appears after the penalty. (2) A penalty set out as provided in subsection (1) which is expressed to apply only to a part of the section or subsection applies according to the tenor of the provision. -- 31 of 65 -- Part V Powers, functions and authorities Interpretation Act 1978 28 (3) In this section section includes a rule, regulation or by-law and subsection has a corresponding meaning. 38DC Body corporate fines under provision authorising subordinate legislation (1) This section applies to a provision of an Act authorising a maximum fine for an offence that may be imposed under subordinate legislation under the Act only if the provision does not expressly authorise a maximum fine for a body corporate different from the maximum fine for an individual. (2) The maximum fine is taken only to be the maximum fine for an individual that may be imposed under the subordinate legislation. (3) The maximum fine for a body corporate that may be imposed under the subordinate legislation is taken to be 5 times the maximum fine for an individual. 38F Penalties for breach of subordinate legislation (1) Subordinate legislation may prescribe a fine for an offence against the legislation. (2) The fine prescribed must not exceed 100 penalty units. Note for subsection (2) Because of section 38DC, the maximum fine for a body corporate that may be imposed under the subordinate legislation is 500 penalty units. (3) This section has effect subject to the Act under which the legislation is made. 38G Civil penalties In an Act, a reference to a civil penalty (however described) being imposed or required to be paid for a contravention of a provision of the Act indicates that the contravention may lead to a penalty being imposed not exceeding the penalty specified in, or prescribed for the purposes of, the provision. Part V Powers, functions and authorities 39 Confirmation of appointments not required An appointment or other exercise of a power does not cease to have effect or need to be confirmed by reason only that the person making the appointment or exercising the power has ceased to hold office or otherwise to be capable of exercising the power. -- 32 of 65 -- Part V Powers, functions and authorities Interpretation Act 1978 29 40 Continuing to act during vacancy in office (1) If a person is acting in an office (including a Ministerial office) during the absence or inability of the office-holder and, for any reason, the office-holder ceases to hold the office, the person acting may continue to act in the office until the earlier of the following: (a) the lawful revocation of the person's authority to act; (b) 1 year after the office-holder ceased to hold office. (2) In this section: acting in an office includes performing the duties of the office. office includes a position and a designation. 41 Occasions for exercise of powers etc. (1) Where an Act confers a power or imposes a duty, the power may be exercised and the duty shall be performed from time to time as occasion requires. (2) Where an Act confers a power or imposes a duty on the holder of an office or the occupier of a position or designation as such, the power may be exercised and the duty shall be performed by the person for the time being holding or occupying or performing the duties of the office, position or designation. 42 How power may be exercised (1) A power under an Act to make, grant or issue a statutory instrument may be exercised: (a) in whole or in part; (b) so that it is subject to any conditions, limitations or qualifications specified in the instrument; (c) to make different provision in relation to different matters or classes of matters; or (d) to apply differently by reference to exceptions or factors specified in the instrument. (2) The power is not limited to making provision in relation to a particular matter or a particular aspect of a matter merely because the Act makes provision in relation to another matter or another aspect of the matter. -- 33 of 65 -- Part V Powers, functions and authorities Interpretation Act 1978 30 (4) This section applies in relation to a power whether exercised before or after the commencement of this section. 43 Power to take action or make statutory instrument includes power to revoke, amend etc. A power under an Act to take an action or to make, grant or issue a statutory instrument includes a power, exercisable in the same manner and subject to the same conditions, to repeal, rescind, revoke, amend or vary the action or instrument. 44 Power to appoint includes power to remove (1) Subject to subsection (3), where an Act confers on any person or authority a power to make appointments to any office or position, the power shall be construed as including a power to terminate such an appointment or to remove or suspend any person appointed. (3) Where a power to make appointments to an office or position is exercisable only upon the recommendation or subject to the approval or consent of some other person or authority, the power of termination or removal referred to in subsection (1) is exercisable only upon the recommendation or subject to the approval or consent of that other person or authority. 44A Acting appointment If an Act authorises or requires a person or authority (the appointer) to appoint a person to an office or position, the appointer may appoint a person, or 2 or more people, to act in the office or position: (a) during a vacancy, or all vacancies, in the office or position whether or not an appointment has previously been made to the office or position; or (b) during any period, or all periods, when the holder of the office or position is unable to perform the duties of the office or position. 46 Power to authorise another person to exercise power or perform function (1) If an Act or a statutory instrument confers a function or power on a minister or other person (whether by reference to an office or otherwise), the function or power may be performed or exercised: (a) for a minister – by a person who has the authority of the minister; or -- 34 of 65 -- Part V Powers, functions and authorities Interpretation Act 1978 31 (b) otherwise – by a person who, with the approval of the minister administering the provision conferring the function or power, or of a person authorised by that minister to give that approval, has the authority of the person on whom the function or power is conferred. Note for subsection (1) See subsection (7) for functions and powers to which this section does not apply. (2) Subsection (1) does not empower the exercise of a power or the performance of a function by the authority of a person where that authority is not evidenced in a written instrument. (3) Authority may be conferred pursuant to subsection (1) on: (a) a person by name; (b) a person by reference to the office, position or designation held or occupied by the person; or (c) a person from time to time holding, acting in or performing the duties of a named office, designation or position. (5) The conferring of authority by an instrument under this section does not prevent the exercise of the power or the performance of the function by the person conferring the authority or by another person on whom authority to exercise the power or perform the function is conferred. (6) The performance of a function or exercise of a power by the authority of a person under this section is subject to any conditions and limitations specified in the instrument conferring the authority. (7) This section does not apply to: (a) a function or power of a legislative or judicial nature; or (b) a function or power relating to: (i) the investigation or detection of offences or other unlawful acts; or (ii) the grant or the defeasance or forfeiture of a right or title to land. -- 35 of 65 -- Part V Powers, functions and authorities Interpretation Act 1978 32 46A Power of delegation (1) A provision of an Act that confers a power to delegate a power or function on a person (whether by reference to an office, designation, position or otherwise) is to be construed as conferring on the person a power to delegate the power or function to: (a) a person by name; (b) a person by reference to the office, position or designation held or occupied by the person; or (c) a person from time to time holding, acting in or performing the duties of a named office, designation or position. (2) A provision of an Act that confers a power to delegate a power or function is not to be construed as including the power to delegate that power of delegation. (3) If a power or function is delegated under an Act, the power or function is, when exercised or performed by the delegate, to be taken to be exercised or performed by the person who delegated it. (4) The delegation of the power or function under an Act does not prevent the exercise of the power or the performance of the function by the person who delegated it. 48 Discretions Where, under an Act, the exercise of a power or the performance of a function by a person is dependent upon the opinion, belief or state of mind of that person in relation to a matter, that power may be exercised or that function may be performed by a delegate or by authority of that person upon the opinion, belief or state of mind of the delegate or authorized person in relation to that matter. 48A Participation in meetings by telephone etc. (1) This section applies to a body (whether or not incorporated) established by an Act if the Act requires or permits meetings of the members of the body to be held. (2) The body may permit its members to participate in a meeting or all meetings by: (a) telephone; or (b) exchange of emails; or (c) online facilities; or -- 36 of 65 -- Part VI Mechanics of legislation Interpretation Act 1978 33 (d) any other means of communication. (3) A member who participates in a meeting under a permission under subsection (2) is taken to be present at the meeting. 48B Power to correct minor errors (1) Where a decision made in proceedings before a person or body authorised by or under an Act to hear and determine a matter contains: (a) a clerical mistake; (b) an error arising from an accidental slip or omission; (c) a material miscalculation of figures or a material mistake in the description of a person, thing or matter referred to in the decision; or (d) a defect of form, the decision maker, of his or her own motion or on application by a party to the proceeding, may correct the decision. (2) In this section decision includes a judgment, order and determination, and the reasons for a decision. Part VI Mechanics of legislation 49 Citation (1) An Act may be cited in any of the following ways: (a) by its short title including the year of enactment; (b) by reference to its number and the calendar year in which it received assent. (2) A provision of an Act may be cited by reference to the part, section, subsection or other division of the Act in which the provision is contained. (3) A reference mentioned in subsection (2) must be made according to the copy of the Act printed or purporting to be printed by the Government Printer. 50 References to other legislation (1) A reference in an Act to other legislation is a reference to the other legislation as amended from time to time. -- 37 of 65 -- Part VI Mechanics of legislation Interpretation Act 1978 34 (2) If a provision of an Act amends another Act, a reference in the provision to the other Act is a reference to the other Act as in force immediately before the commencement of the provision. 51 Reference to Act includes reference to statutory instruments under Act (1) In an Act, a reference (either generally or specifically) to a law or statutory instrument, or a provision of a law or statutory instrument, includes a reference to the statutory instruments in force under the law, instrument or provision. (2) In this section: law includes an Act of the Commonwealth or a State or Territory. 52 References to Imperial, Commonwealth and State Acts An Imperial Act, a Commonwealth Act or an Act of a State or another Territory of Australia may be cited by a reference to the place by the Parliament of which the Act was passed together with such mode of reference as is sufficient in Acts passed by that Parliament and, where it is so cited and that Act is subsequently amended, the reference shall, from the date of the amendment, be deemed to be to that Act as so amended. 53 References in an Act to provisions of that Act (1) A reference in an Act to a Part, section or Schedule shall be read as a reference to a Part or section of, or a Schedule to, that Act. (2) A reference in a Part of an Act to a Division shall be read as a reference to a Division of that Part. (3) A reference in a section of an Act to a subsection or paragraph shall be read as a reference to a subsection or paragraph of that section. (4) A reference in a subsection of a section of an Act to a paragraph shall be read as a reference to a paragraph of that subsection. (5) A reference in a paragraph of a section, or of a subsection of a section, of an Act to a subparagraph shall be read as a reference to a subparagraph of that paragraph. (6) A reference in a Schedule, or part of a Schedule, to an Act to a form, paragraph, item or clause, shall be read as a reference to a form, paragraph, item or clause of that Schedule or part. -- 38 of 65 -- Part VI Mechanics of legislation Interpretation Act 1978 35 (7) A reference to a form in an Act the Schedule to which or only one of the Schedules to which contains a form or forms shall be read as a reference to a form in that Schedule. 54 Every section a substantive enactment Every section of an Act shall have effect as a substantive enactment without introducing words. 55 Material that is, and is not, part of an Act (1) A heading to a Chapter, Part, Division or Subdivision of an Act is part of the Act. (2) A heading to a section of an Act is part of the Act if: (a) the Act is enacted after 1 July 2006; or (b) the heading is amended or inserted after 1 July 2006. (3) Subsection (2) does not prevent the amendment of a heading to a section by an Act. (4) An example or note in the text of an Act is part of the provision of the Act to which it relates. (5) A Schedule to an Act is part of the Act. (6) A marginal note, footnote, endnote or any other note that is not part of the text of the Act is not part of the Act. 56 Numbering of Acts (1) The Acts which receive assent in each calendar year shall be numbered in regular arithmetical series, beginning with the number one, in the order in which they receive assent. (2) For the purposes of subsection (1), an Act which receives the Governor-General's assent is deemed to receive assent on the day upon which notification that the Governor-General has assented to the Act is published in the Gazette. 57 Numbering of subordinate legislation (1) This section applies to subordinate legislation other than: (a) rules of court that relate only to dates of sittings of a court; or (b) by-laws made by the Commissioner for Public Employment under the Public Sector Employment and Management Act 1993; or -- 39 of 65 -- Part VII General Division 1 Construction Interpretation Act 1978 36 (c) subordinate legislation that expressly provides this section does not apply to it. (2) Subordinate legislation made in each calendar year must be numbered in regular arithmetical series, beginning with the number one, as close as possible to the order in which it is made. (3) Subordinate legislation may, without prejudice to any other method of citation, be cited by the number given to it and the calendar year in which it is made. 57A Amendment of instruments by Act (1) If a statutory instrument under an Act (the parent Act) has been amended by an Act, the instrument may be amended, varied, repealed, rescinded or revoked by a statutory instrument under the parent Act. (2) Subsection (1) applies in relation to amendments effected before or after the commencement of this section. 57B Definitions automatically inserted in alphabetical order If an Act amends a provision of another Act that contains definitions by inserting another definition in that provision but does not specify where in that provision the definition is to be inserted, it is taken to be inserted in alphabetical order. Part VII General Division 1 Construction 58 Amending act to be construed with amended Act An Act amending another Act or a law of the State of South Australia in its application to the Territory shall be construed with that other Act or law of the State and as part thereof. 59 Act to be construed subject to power Every Act shall be read and construed subject to the Northern Territory (Self-Government) Act 1978 of the Commonwealth and any other Act of the Commonwealth relating to the power of the Legislative Assembly to make laws in respect of particular matters, and so as not to exceed the legislative power of the Legislative Assembly, to the intent that where any Act would, but for this section, have been construed as being in excess of that power it shall nevertheless be a valid Act to the extent to which it is not in excess of that power. -- 40 of 65 -- Part VII General Division 1 Construction Interpretation Act 1978 37 59A Public places etc. on Aboriginal land (1) Where by or under a law of the Territory a right, privilege, obligation or liability is expressed or implied to be acquired, accrued or incurred by reference to a public place, public street, public road, place of public resort or other place, however described, open to or used by the public or to which the public has access, whether as of right or on the payment of a fee or other charge, that reference includes, and shall be deemed always to have included, any place which but for the fact that it was on Aboriginal land within the meaning of the Aboriginal Land Rights (Northern Territory) Act 1976 of the Commonwealth, would have been included in such a reference, and even though that Act of the Commonwealth or the Aboriginal Land Act 1978 limits the persons or classes of persons who may enter and remain on that Aboriginal land. (2) For the purposes of a law of the Territory referred to in subsection (1), the persons who are not precluded by the Aboriginal Land Rights (Northern Territory) Act 1976 of the Commonwealth or the Aboriginal Land Act 1978 from entering or remaining on Aboriginal land, or who are on Aboriginal land whether or not they are entitled by those Acts, or either of them, to enter or remain on Aboriginal land, are capable of constituting, and shall be deemed always to have been capable of constituting, a section of the public in relation to that land. 61 Construction of statutory instruments (1) If an Act confers upon any authority power to make, grant or issue a statutory instrument, any instrument so made, granted or issued shall be read and construed subject to the Act under which it was made and so as not to exceed the power of that authority, to the intent that, where any such instrument would, but for this section, have been construed as being in excess of the power conferred upon that authority, it shall nevertheless be a valid instrument to the extent to which it is not in excess of that power. (2) It is presumed, unless the contrary is proved, that all conditions and steps required for the making, granting or issuing of a statutory instrument have been satisfied and carried out. 62 Construction of resolutions of Legislative Assembly Where a resolution is passed by the Legislative Assembly purportedly in pursuance of an Act, the resolution shall be read and construed subject to the Northern Territory (Self-Government) Act 1978 of the Commonwealth and to the Act in pursuance of which it purports to have been passed, to the intent that, where the resolution would, but for this section, have been construed as being -- 41 of 65 -- Part VII General Division 1 Construction Interpretation Act 1978 38 in excess of authority, it shall, nevertheless, be a valid resolution to the extent to which it is not in excess of authority. 62A Regard to be had to purpose or object of Act In interpreting a provision of an Act, a construction that promotes the purpose or object underlying the Act (whether the purpose or object is expressly stated in the Act or not) is to be preferred to a construction that does not promote the purpose or object. 62B Use of extrinsic material in interpreting Act (1) In interpreting a provision of an Act, if material not forming part of the Act is capable of assisting in ascertaining the meaning of the provision, the material may be considered: (a) to confirm that the meaning of the provision is the ordinary meaning conveyed by the text of the provision taking into account its context in the Act and the purpose or object underlying the Act; or (b) to determine the meaning of the provision when: (i) the provision is ambiguous or obscure; or (ii) the ordinary meaning conveyed by the text of the provision taking into account its context in the Act and the purpose or object underlying the Act leads to a result that is manifestly absurd or is unreasonable. (2) Without limiting subsection (1), the material that may be considered in interpreting a provision of an Act includes the following: (a) all matters not forming part of the Act that are set out in the document containing the text of the Act as printed by the Government Printer; (b) any relevant report of a Royal Commission, Law Reform Commission, committee of inquiry or other similar body that was laid before the Legislative Assembly before the time when the provision was enacted; (c) any relevant report of a committee of the Legislative Assembly that was made to the Legislative Assembly before the time when the provision was enacted; (d) any treaty or other international agreement that is referred to in the Act; -- 42 of 65 -- Part VII General Division 1 Construction Interpretation Act 1978 39 (e) any explanatory memorandum relating to the Bill containing the provision, or any other relevant document, that was laid before, or furnished to the members of the Legislative Assembly by a Minister or other Member before the time when the provision was enacted; (f) any explanatory speech or statement given by a Minister or other Member to the Legislative Assembly on introducing the Bill; (g) any document (whether or not a document to which a preceding paragraph applies) that is declared by the Act to be a relevant document for the purposes of this section; (h) any relevant material in any official record of debates in the Legislative Assembly. 62C Changes in drafting practice do not affect meaning (1) Subsection (2) applies if: (a) a provision of an Act expresses an idea in particular words; and (b) a provision of the Act enacted later appears to express the same idea in different words for the purpose of implementing a different legislative drafting practice. (2) The ideas must not be taken to be different merely because different words are used. 62D Examples If a provision of an Act includes an example: (a) the example is not exhaustive; (b) the example does not limit or extend the meaning of the provision; and (c) if the example is inconsistent with the provision, the provision prevails to the extent of the inconsistency. 62E Notes (1) A note at the foot of a provision: (a) is not exhaustive; and (b) does not limit or extend the meaning of the provision. -- 43 of 65 -- Part VII General Division 2 Statutory instruments Interpretation Act 1978 40 (2) If a note at the foot of a provision is inconsistent with the provision, the provision prevails to the extent of the inconsistency. Division 2 Statutory instruments 63 Procedure for making regulations If an Act contains a power to make regulations, a regulation made under that power must: (a) as soon as practicable after it is made: (i) be published on the legislation website; and (ii) be notified in the Gazette; and (b) within 6 sitting days after it is made, be tabled in the Legislative Assembly. 63A Procedure for making rules or by-laws (1) If an Act contains a power to make rules or by-laws, a rule or by-law made under that power must be: (a) signed by: (i) the person making it; or (ii) if the person making it is a statutory corporation or a local government council – a person authorised by the corporation or council to sign it; and (b) once signed, given to the minister administering the provision containing the power. (2) Subject to this section, if a signed rule or by-law is given to a minister under subsection (1), that minister must: (a) as soon as practicable after it is made, cause it to be: (i) published; and (ii) notified in the Gazette; and (b) within 6 sitting days after it is notified in the Gazette, cause it to be tabled in the Legislative Assembly. -- 44 of 65 -- Part VII General Division 2 Statutory instruments Interpretation Act 1978 41 (3) If a rule or by-law is given to a minister under subsection (1)(b), the minister may, before is it notified in the Gazette, return it to the person who signed it with a request for any amendment the minister recommends. (4) If a minister returns a rule or by-law under subsection (3), the person making the rule or by-law must: (a) consider the amendment; and (b) give the rule or by-law, signed in accordance with subsection (1)(a), to the minister, with or without the amendment included. (5) Subsection (2) applies to a rule or by-law given to the minister under subsection (4)(b). (6) Subsection (1)(b) does not apply to a by-law made under the Unit Title Schemes Act 2009 or the Unit Titles Act 1975. 63B Commencement of subordinate legislation (1) Subordinate legislation commences on the day specified or provided for in the subordinate legislation. (2) Subordinate legislation may be specified to commence: (a) subject to subsection (3), on a particular day or on a number of different days; or (b) on the happening of a particular event or events. Examples for subsection (2)(b) 1 On the commencement of a section of an Act. 2 On the day after the day on which it is notified in the Gazette under section 63A(2)(a)(ii). (3) Subordinate legislation must not be specified to commence or to take effect on a day that is before the day it is made, unless the Act under which it is made expressly provides for commencement or taking effect on a day before it is made. (4) A provision of subordinate legislation made in contravention of subsection (3) is of no effect. (5) If subordinate legislation does not specify or provide for its commencement, or the commencement of any provision, the subordinate legislation or the provision of the subordinate legislation commences on the day after the day on which it is made. -- 45 of 65 -- Part VII General Division 2 Statutory instruments Interpretation Act 1978 42 (6) Despite subsection (5), a rule or by-law that does not specify or provide for its commencement and that is not published or to be published on the legislation website commences on the day on which it is notified in the Gazette. 63C Tabling and disallowance requirements (1) A failure to table subordinate legislation in the Legislative Assembly does not affect the validity of the subordinate legislation, but may be the subject of a referral by the Assembly to the committee responsible for the examination of instruments of a legislative character or another committee of the Assembly. (2) The Legislative Assembly may pass a resolution disallowing subordinate legislation, or specified provisions of it, that is required to be tabled under this Division, whether or not it has been tabled. (3) Notice of a resolution referred to in subsection (2) must be given within: (a) in the case of subordinate legislation that is tabled in accordance with section 63(b) or 63A(2)(b) – 12 sitting days after the subordinate legislation is tabled; or (b) in the case of subordinate legislation that has not been tabled in accordance with section 63(b) or 63A(2)(b) – 12 sitting days after the last sitting day the subordinate legislation was required to be tabled. (4) Subject to subsection (5), disallowance under this section has the same effect as a repeal of the subordinate legislation or specified provisions of it. (5) If a provision of disallowed subordinate legislation (the disallowed provision) amended or repealed a provision of other subordinate legislation, the disallowance revives the other provision from the date of the disallowance as if the disallowed provision had not been made. 64 Subordinate legislation not to be made in terms of disallowed subordinate legislation (1) This section applies if, under section 63C, the Legislative Assembly passes a resolution disallowing subordinate legislation or provisions of subordinate legislation (the disallowed legislation). -- 46 of 65 -- Part VII General Division 2 Statutory instruments Interpretation Act 1978 43 (2) Subordinate legislation or provisions of subordinate legislation that is the same in substance or has the same effect as the disallowed legislation must not be made within 6 months after the disallowance unless the Legislative Assembly rescinds the resolution for disallowance. (3) Subordinate legislation or provisions of subordinate legislation made in contravention of subsection (2) is of no effect. 65 Power to make subordinate legislation (1) If an Act authorises or requires the making of subordinate legislation under the Act, the power enables subordinate legislation to be made with respect to any matter that: (a) is required or permitted to be prescribed by the Act; or (b) is necessary or convenient to be prescribed for carrying out or giving effect to the Act. (2) Subsection (1) applies even though the Act also authorises the making of subordinate legislation for a particular purpose. (3) Power conferred by the Act to make subordinate legislation for a particular purpose is in addition to, and does not limit the effect of, power conferred by the Act to make subordinate legislation under the Act unless the Act expressly provides otherwise. 65A Subordinate legislation may prohibit If an Act authorises or requires a matter to be regulated by subordinate legislation, the power may be exercised by prohibiting by subordinate legislation the matter or any aspect of the matter. 65B Subordinate legislation may provide for review or appeal (1) Subordinate legislation may provide for the review of, or a right of appeal against, a decision made under the legislation or the Act under which the legislation is made or in force. (2) For subsection (1), the subordinate legislation may confer jurisdiction on any court, tribunal, person or body. -- 47 of 65 -- Part VII General Division 2 Statutory instruments Interpretation Act 1978 44 65C Subordinate legislation may provide for exemption, waiver or refund of fees If a power is conferred under an Act for subordinate legislation to prescribe a fee, the power includes power to provide for the following: (a) the exemption from payment of the fee; (b) the waiver (wholly or partly) of the fee; (c) the refund (wholly or partly) of the fee. 65D Subordinate legislation may provide for infringement notice offences If an Act authorises the making of subordinate legislation under the Act, the power enables subordinate legislation to be made providing for: (a) the payment of a prescribed amount instead of a penalty that may otherwise be imposed for an offence against the Act or the subordinate legislation; and (b) the service of a notice relating to payment of the amount on a person alleged to have committed the offence; and (c) the particulars to be included in the notice. 65E Statutory instrument may require making of statutory declaration (1) If an Act gives power to make, grant or issue a statutory instrument, the instrument may require the making of a statutory declaration. (2) Subsection (1) applies: (a) whether or not the Act authorises or requires penalties to be prescribed by instrument; and (b) if the Act authorises or requires penalties to be prescribed by instrument not exceeding a specified amount or period of imprisonment. 65F Simultaneous actions (1) If the effect of a statutory instrument is to substitute an action (action A) for another action (action B) that is being revoked at the same time, action A is taken to have occurred after the revocation of action B and is therefore not ineffective by reason of the -- 48 of 65 -- Part VII General Division 3 General Interpretation Act 1978 45 revocation not having commenced before the substitution. (2) If a series of actions has effect simultaneously, the actions are taken to have effect in the sequence that is indicated or as the nature of the case requires. Example for section 65F A statutory instrument that revokes the appointment of a person and appoints another person to the same position is taken to have effect in sequence. 66 Prescribing matters by reference to other instruments Where an Act confers upon an authority power to make, grant or issue a statutory instrument, then any instrument so made, granted or issued may apply, adopt or incorporate, with or without modification: (a) the provisions of any Territory or Commonwealth Act, or of a statutory instrument under such an Act, as in force at a particular time or as in force from time to time; or (b) any matter contained in any other instrument or writing as in force or existing at the time when the first-mentioned instrument takes effect, but a statutory instrument must not, except as provided by this section, make provision for or in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time. Division 3 General 66A Gazette publication requirements (1) If an Act requires a statutory instrument to be published in the Gazette, it is sufficient compliance with the requirement if: (a) the instrument is notified in the Gazette; and (b) the notification under paragraph (a) states the place where copies of the instrument may be purchased or obtained. (2) The place under subsection (1)(b) may be a website or another publicly accessible electronic format. -- 49 of 65 -- Part VII General Division 3 General Interpretation Act 1978 46 67 Tabling documents in Legislative Assembly (1) A document is tabled in the Legislative Assembly under an Act if the document is: (a) tabled in the Assembly under the Standing Orders of the Assembly; or (b) delivered to the Clerk of the Assembly and recorded in the Minutes of Proceedings of the Assembly. (2) The document must be tabled under subsection (1) within the period specified in the Act. (3) If the Act provides for a specified person to table the document, the document may be tabled by anyone acting for the person. (4) In this section: Act includes the Northern Territory (Self-Government) Act 1978 (Cth). document includes a report and a statutory instrument. 68 Compliance with forms Strict compliance with the forms prescribed by or under an Act is not necessary and substantial compliance, or such compliance as the circumstances of a particular case allow, is sufficient. 69 Civil proceedings If money is due under an Act, the money is recoverable in a court or tribunal having, in the Territory, civil jurisdiction to the extent of the amount due. 70 Powers of persons authorised to adjudicate A court, judge, justice of the peace, officer, commissioner, arbitrator or other person or body authorised by law or consent of parties to hear and determine any matter, has authority to receive evidence and examine on oath any witness appearing before the court, person or body. 71 Amendment in same session An Act may be amended or repealed in the session of the Legislative Assembly in which it was passed. -- 50 of 65 -- Part VIIA Incorporation of amendments Interpretation Act 1978 47 72 Sunday observance (1) It is hereby declared that all laws and statutes of England, to the extent that they relate to the observance of or actions that are permitted to be carried out or prohibited on a Sunday (however described), have no force or effect in the Territory. (2) Except as provided by or under a law of the Territory or of the Commonwealth, it is lawful to do any act on a Sunday if the act would be otherwise lawful. Part VIIA Incorporation of amendments 72A Meaning of reprint In this Part: legislation means an Act or subordinate legislation. reprint, of legislation, means a consolidated copy of the legislation published by the Government Printer. 72B Reprint of legislation in force at stated date (1) A reprint of legislation must show the legislation as in force at the date stated in the reprint. (2) For the avoidance of doubt, an amendment of legislation that commences after the date of the reprint is not included in the reprint. (3) Subsection (2) does not prevent the inclusion of uncommenced amendments in a reprint that are identified as uncommenced. 72C Omission of making words in reprint A reprint of legislation must be published without the inclusion of: (a) the words of making the legislation; or (b) the date of the making of the legislation; or (c) the signature of the person making the legislation. 72D Inclusion of tables of amendments in reprints A reprint of legislation must include a table of amendments listing: (a) each amending Act or other instrument that has amended that legislation; and -- 51 of 65 -- Part VIII Transitional matters Division 2 Interpretation Legislation Amendment Act 2018 Interpretation Act 1978 48 (b) each provision of that legislation that has been amended and a reference to the amending Act or instrument that made the amendment. Part VIII Transitional matters Division 1 Justice Legislation Amendment Act 2006 73 Subordinate legislation (1) This section applies if, immediately before the commencement of this section, a reference in an Act to regulations is construed as a reference to rules or by-laws because of the definition of regulations in section 18 as in force immediately before the commencement. (2) Despite the repeal of the definition, the reference is taken to include a reference to rules or by-laws if the context permits or requires. 74 Numbering of subordinate legislation Regulations, rules and by-laws numbered under section 57 before the commencement of this section are taken to have been numbered as subordinate legislation under section 57 as in force on the commencement and may be cited accordingly. Example for section 74 Regulations No. 5 of 2005 may be cited as Subordinate Legislation No. 5 of 2005. Division 2 Interpretation Legislation Amendment Act 2018 75 Short titles and cross references taken to include year of enactment or making (1) On and after the repeal of the Amendments Incorporation Act 1938: (a) the short title of an Act that, but for the operation of section 4(1) of the Amendments Incorporation Act 1938, would have included the year of enactment is taken to include the year of enactment; and (b) the short title of subordinate legislation is taken to include the year of making; and -- 52 of 65 -- Part VIII Transitional matters Division 3 Interpretation Amendment Act 2021 Interpretation Act 1978 49 (c) a reference in an Act or subordinate legislation to another Act or subordinate legislation by its short title is taken to be a reference to that Act or subordinate legislation including its year of enactment or making; and (d) the short title of an Act or subordinate legislation including its year of enactment or making may be substituted in any Act or subordinate legislation for any other form of reference to the short title of the Act or subordinate legislation. (2) For the avoidance of doubt, a reference in any other document of any kind to an Act or subordinate legislation is not invalid merely because it does not include the year of enactment or making. 76 Disapplication of section 50(1) in certain circumstances Section 50(1) does not apply to a reference in an Act to another Act or subordinate legislation that, under section 50(1)(a) of this Act as in force immediately before the commencement of section 20 of the Interpretation Legislation Amendment Act 2018, is read as a reference to the other Act as originally made. Example for section 76 A reference in an Act (the relevant Act) to the Local Court Act 2015 is a reference to the Local Court Act 2015 as amended from time to time unless the Local Court Act 2015 had been amended before the making of the relevant Act. This is because under the former provision, the reference is read as a reference to the Local Court Act as originally made. Division 3 Interpretation Amendment Act 2021 77 Administrative Arrangements Orders An Administrative Arrangements Order in force immediately before the commencement of section 9 of the Interpretation Amendment Act 2021 is taken to have been made under section 35 as in force after the commencement. 78 Tabling requirements for subordinate legislation Section 63 as in force before the commencement of section 15 of the Interpretation Amendment Act 2021 continues to apply to the following until the expiry of the 12 sitting days mentioned in section 63(9) as in force immediately before its repeal: (a) regulations made before the commencement; (b) rules or by-laws signed under section 63(2)(a) before the commencement. -- 53 of 65 -- Schedule Ordinances repealed Interpretation Act 1978 50 Schedule Ordinances repealed section 2(1) Part 1 – Repeal of Interpretation Ordinances Interpretation Ordinance 1931 Interpretation Ordinance 1932 Interpretation Ordinance 1933 Interpretation Ordinance 1934 Interpretation Ordinance 1938 Interpretation Ordinance 1940 Interpretation Ordinance 1948 Interpretation Ordinance 1949 Interpretation Ordinance 1952 Interpretation Ordinance (No. 2) 1952 Interpretation Ordinance 1954 Interpretation Ordinance 1956 Interpretation Ordinance 1957 Interpretation Ordinance 1959 Interpretation Ordinance 1962 Interpretation Ordinance 1968 Interpretation Ordinance (No. 2) 1968 Interpretation Ordinance 1969 Interpretation Ordinance 1972 Interpretation Ordinance 1973 Interpretation Ordinance (No. 2) 1973 Interpretation Ordinance 1976 Interpretation Ordinance (No. 3) 1976 Interpretation Ordinance 1977 Interpretation Ordinance (No. 2) 1977 Interpretation (Amendment) Ordinance 1978 Part 2 – Repeal of Regulations Publication Ordinance Regulations Publication Ordinance 1940 Regulations Publication Ordinance 1952 Part 3 – Repeal of Administrator's Council Ordinance Administrator's Council Ordinance 1959 Administrator's Council Ordinance 1963 Administrator's Council Ordinance 1976 -- 54 of 65 -- Schedule Ordinances repealed Interpretation Act 1978 51 Part 4 – Repeal of State Acts The Act entitled "An Act for shortening and explaining the Language used in Acts of Parliament, and for other Purposes", being Act No. 9 of 1872. The Language of Acts Amendment Act, 1900. -- 55 of 65 -- ENDNOTES Interpretation Act 1978 52 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Interpretation Ordinance 1978 (Act No. 59, 1978) Assent date 1 July 1978 Commenced 1 July 1978 Interpretation Act (No. 2) 1978 (Act No. 78, 1978) Assent date 23 August 1978 Commenced 23 August 1978 Interpretation Act (No. 3) 1978 (Act No. 1, 1979) Assent date 3 January 1979 Commenced 3 January 1979 Interpretation Act 1979 (Act No. 112, 1979) Assent date 24 September 1979 Commenced 1 October 1979 (s 3, s 2 Supreme Court Act 1979 (Act No. 109, 1979) and Gaz S18, 28 September 1979, p 1) Interpretation Act (No. 2) 1979 (Act No. 122, 1979) Assent date 15 October 1979 Commenced 15 October 1979 Interpretation Act 1980 (Act No. 21, 1980) Assent date 14 March 1980 Commenced 14 March 1980 Statute Law Revision Act (No. 4) 1981 (Act No. 4, 1982) Assent date 12 February 1982 Commenced 12 February 1982 Statute Law Revision Act 1982 (Act No. 21, 1982) Assent date 27 April 1982 Commenced 27 April 1982 -- 56 of 65 -- ENDNOTES Interpretation Act 1978 53 Statute Law Revision Act (No. 2) 1982 (Act No. 54, 1982) Assent date 8 October 1982 Commenced 8 October 1982 Interpretation (Criminal Code) Amendment Act 1983 (Act No. 62, 1983) Assent date 28 November 1983 Commenced 1 January 1984 (s 2, s 2 Criminal Code Act 1983 (Act No. 47, 1983), Gaz G46, 18 November 1983, p 11 and Gaz G8, 26 February 1986, p 5) Interpretation Amendment Act 1985 (Act No. 44, 1985) Assent date 18 September 1985 Commenced 18 September 1985 Statute Law Revision Act 1985 (Act No. 49, 1985) Assent date 1 October 1985 Commenced 1 October 1985 Statute Law Revision Act 1986 (Act No. 64, 1986) Assent date 19 December 1986 Commenced 19 December 1986 Interpretation Amendment Act 1988 (Act No. 1, 1988) Assent date 21 March 1988 Commenced 21 March 1988 Interpretation Amendment Act (No. 2) 1988 (Act No. 27, 1988) Assent date 1 September 1988 Commenced 1 September 1988 Interpretation Amendment Act (No. 3) 1988 (Act No. 28, 1988) Assent date 1 September 1988 Commenced 1 September 1988 Local Court (Consequential Amendments) Act 1989 (Act No. 14, 1989) Assent date 5 June 1989 Commenced 1 January 1991 (s 2, s 2 Local Court Act 1989 (Act No. 31, 1990) and Gaz G49, 12 December 1990, p 2) Statute Law Revision Act 1989 (Act No. 60, 1989) Assent date 2 October 1989 Commenced 2 October 1989 Statute Law Revision Act 1990 (Act No. 33, 1990) Assent date 11 June 1990 Commenced 11 June 1990 Corporations (Consequential Amendments) Act 1990 (Act No. 59, 1990) Assent date 14 December 1990 Commenced 1 January 1991 (s 2, s 2 Corporations (NT) Act 1990 (Act No. 56, 1990) and Gaz S76, 21 December 1990) Interpretation Amendment Act 1992 (Act No. 25, 1992) Assent date 2 June 1992 Commenced 1 July 1992 (s 2, s 2 Financial Institutions (NT) Act 1992 (Act No. 22, 1992) and Gaz S35, 30 June 1992) -- 57 of 65 -- ENDNOTES Interpretation Act 1978 54 Interpretation Amendment Act 1993 (Act No. 73, 1993) Assent date 18 November 1993 Commenced 1 January 1994 (Gaz G50, 15 December 1993, p 3) Local Government (Consequential Amendments) Act 1993 (Act No. 84, 1993) Assent date 31 December 1993 Commenced 1 June 1994 (s 2, s 2 Local Government Act 1993 (Act No. 83, 1993) and Gaz S35, 20 May 1994) Financial Management (Consequential Amendments) Act 1995 (Act No. 5, 1995) Assent date 21 March 1995 Commenced 1 April 1995 (s 2, s 2 Financial Management 1995 (Act No. 4, 1995) and Gaz S13, 31 March 1995) Medical (Consequential Amendments) Act 1995 (Act No. 8, 1995) Assent date 10 April 1995 Commenced 1 June 1995 (s 2, s 2 Medical Act 1995 (Act No. 7, 1995) and Gaz S21, 1 June 1995) Sentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996) Assent date 19 April 1996 Commenced 1 July 1996 (s 2, s 2 Sentencing Act 1995 (Act No. 39, 1995) and Gaz S15, 13 June 1996) Financial Institutions (Miscellaneous Amendments) Act 1997 (Act No. 23, 1997) Assent date 2 June 1997 Commenced 2 June 1997 Interpretation Amendment Act 1998 (Act No. 27, 1998) Assent date 30 March 1998 Commenced 30 March 1998 Statute Law Revision Act (No. 2) 1998 (Act No. 92, 1998) Assent date 11 December 1998 Commenced 11 December 1998 Interpretation Amendment Act 1999 (Act No. 3, 1999) Assent date 26 February 1999 Commenced 1 April 1999 (s 2, s 2 Penalties Act 1999 (Act No. 2, 1999) and Gaz G11, 24 March 1999, p 3) Interpretation Amendment Act (No. 2) 1999 (Act No. 37, 1999) Assent date 31 August 1999 Commenced 31 August 1999 Miscellaneous (Interpretation Act and Penalties Act) Amendment Act 2000 (Act No. 28, 2000) Assent date 27 June 2000 Commenced s 4: 1 April 1999; rem: 27 June 2000 Corporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001) Assent date 29 June 2001 Commenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50, 2001) and Cth Gaz S285, 13 July 2001) -- 58 of 65 -- ENDNOTES Interpretation Act 1978 55 Interpretation Amendment Act 2002 (Act No. 14, 2002) Assent date 7 June 2002 Commenced 5 August 2002 (s 2, s 2(2) Penalties Amendment Act 2002 (Act No. 15, 2002) and Gaz G25, 26 June 2002, p 2) Statute Law Revision (Financial Provisions) Act 2002 (Act No. 38, 2002) Assent date 13 September 2002 Commenced 30 October 2002 (Gaz G43, 30 October 2002, p 3) Law Reform (Gender, Sexuality and De Facto Relationships Act 2003 (Act No. 1, 2004) Assent date 7 January 2004 Commenced 17 March 2004 (Gaz G11, 17 March 2004, p 8) Electoral (Consequential Amendments) Act 2004 (Act No. 12, 2004) Assent date 1 March 2004 Commenced 15 March 2004 (s 2, s 2 Electoral Act 2004 (Act No. 11, 2004) and Gaz S6, 15 March 2004) Standard Time Act 2005 (Act No. 19, 2005) Assent date 5 May 2005 Commenced 1 September 2005 (s 2) Justice Portfolio (Miscellaneous Amendments) Act 2005 (Act No. 20, 2005) Assent date 6 May 2005 Commenced 6 May 2005 (s 2(2)) Statute Law Revision Act 2005 (Act No. 44, 2005) Assent date 14 December 2005 Commenced 14 December 2005 Justice Legislation Amendment Act 2006 (Act No. 13, 2006) Assent date 18 May 2006 Commenced 1 July 2006 (s 2(3)) Justice Legislation Amendment Act (No. 2) 2006 (Act No. 35, 2006) Assent date 3 November 2006 Commenced 3 November 2006 Justice Legislation Amendment Act 2007 (Act No. 5, 2007) Assent date 24 April 2007 Commenced s 37 (except amd of Criminal Code and Legal Profession Act 2006): 1 May 2007 (s 2(1), s 2 Victims of Crime Assistance Act 2006 (Act No. 15, 2006) and Gaz G17, 26 April 2007, p 7); rem: 24 April 2007 Legal Profession (Consequential Amendments) Act 2007 (Act No. 7, 2007) Assent date 17 May 2007 Commenced s 10: 1 July 2007 (Gaz G26, 27 June 2007, p 3); rem: 17 May 2007 Local Government (Consequential Amendments) Act 2008 (Act No. 28, 2008) Assent date 14 November 2008 Commenced 1 July 2008 (s 2) Financial Management Amendment Act 2009 (Act No. 15, 2009) Assent date 18 June 2009 Commenced 18 June 2009 -- 59 of 65 -- ENDNOTES Interpretation Act 1978 56 Health Practitioner (National Uniform Legislation) Implementation Act 2010 (Act No. 18, 2010) Assent date 20 May 2010 Commenced 1 July 2010 (s 2) Statute Law Revision Act 2010 (Act No. 29, 2010) Assent date 9 September 2010 Commenced 13 October 2010 (Gaz G41, 13 October 2010, p 2) Oaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40, 2010) Assent date 18 November 2010 Commenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations Act 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011, p 4) Statute Law (Miscellaneous Provisions) Act 2011 (Act No. 44, 2011) Assent date 21 December 2011 Commenced 27 January 2012 ((other than amdts to Darwin Port Corporation Act and Marine Act listed in the Sch to Act) Gaz S3, 27 January 2012)) Local Government Amendment Act 2013 (Act No. 28, 2013) Assent date 8 November 2013 Commenced 8 November 2013 Local Government Amendment Act 2014 (Act No. 19, 2014) Assent date 2 June 2014 Commenced s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014 (s 2) Correctional Services (Related and Consequential Amendments) Act 2014 (Act No. 27, 2014) Assent date 4 September 2014 Commenced 9 September 2014 (Gaz S80, 9 September 2014, p 2) Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) Act 2014 (Act No. 34, 2014) Assent date 13 November 2014 Commenced 1 January 2015 (Gaz G51, 24 December 2014, p 7) Statute Law Revision Act 2014 (Act No. 38, 2014) Assent date 13 November 2014 Commenced 13 November 2014 Justice Legislation Amendment (Small Claims and Other Matters) Act 2016 (Act No. 3, 2016) Assent date 2 March 2016 Commenced pt 3: nc (Act rep by Act No. 33, 2019 before comm); rem: 1 May 2016 (s 2, s 2 Local Court Act 2015 (Act No. 15, 2015), Gaz G1, 6 January 2016, p 9 and Gaz G15, 13 April 2016, p 4) Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016) Assent date 6 April 2016 Commenced 1 May 2016 (Gaz S34, 29 April 2016) -- 60 of 65 -- ENDNOTES Interpretation Act 1978 57 Public Holidays Amendment Act 2016 (Act No. 33, 2016) Assent date 7 December 2016 Commenced 7 December 2016 Statute Law Revision Act 2017 (Act No. 4, 2017) Assent date 10 March 2017 Commenced 12 April 2017 (Gaz G15, 12 April 2017, p 3) Justice and Other Legislation Amendment (Australian Crime Commission) Act 2017 (Act No. 9, 2017) Assent date 31 May 2017 Commenced 31 May 2017 Supreme Court Amendment (Associate Judges) Act 2017 (Act No. 18, 2017) Assent date 5 September 2017 Commenced 22 November 2017 (Gaz S84, 21 November 2017, p 1) Youth Justice Legislation Amendment Act 2017 (Act No. 19, 2017) Assent date 30 October 2017 Commenced 5 January 2018 (Gaz G51, 20 December 2017, p 4) Independent Commissioner Against Corruption Act 2017 (Act No. 23, 2017) Assent date 8 December 2017 Commenced 30 November 2018 (Gaz S94, 30 November 2018) Monetary Units Act 2018 (Act No. 17, 2018) Assent date 6 September 2018 Commenced 1 November 2018 (Gaz G40, 3 October 2018, p 7) Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) Assent date 8 November 2018 Commenced pt 2 and ss 19, 20 and 25 to 27: 18 February 2019 (Gaz S11, 18 February 2019); rem: 11 December 2018 (Gaz S101, 11 December 2018) Agents and Land Legislation Amendment Act 2019 (Act No. 6, 2019) Assent date 28 March 2019 Commenced ss 3 to 5, 9 and 10, pts 3 to 5, ss 17, 25 to 27, 29, 33 and 34: 1 May 2019 (Gaz G18, 1 May 2019, p 4); rem: 1 September 2019 (Gaz G26, 26 June 2019, p 7 and Gaz G30, 24 July 2019, p 2) Statute Law Revision and Repeals Act 2019 (Act No. 33, 2019) Assent date 6 November 2019 Commenced pts 2 and 3: 11 December 2019 (Gaz G50, 11 December 2019, p 2); rem: 7 November 2019(s 2) Local Government Act 2019 (Act No. 39, 2019) Assent date 13 December 2019 Commenced pt 8.6: 1 July 2022; rem: 1 July 2021 (Gaz S27, 30 June 2021) Amending Legislation Statute Law Revision Act 2020 (Act No. 26, 2020) Assent date 19 November 2020 Commenced 20 November 2020 (s 2) -- 61 of 65 -- ENDNOTES Interpretation Act 1978 58 Local Government Amendment Act 2021 (Act No. 15, 2021) Assent date 25 May 2021 Commenced 26 May 2021 (s 2) Statute Law Revision Act 2020 (Act No. 26, 2020) Assent date 19 November 2020 Commenced 20 November 2020 Interpretation Amendment Act 2021 (Act No. 28, 2021) Assent date 15 December 2021 Commenced 1 January 2022 (s 2) Jabiru Town Development Repeal Act 2021 (Act No. 29, 2021) Assent date 15 December 2021 Commenced 16 December 2021 (s 2) Statute Law Revision Act 2023 (Act No. 4, 2023) Assent date 2 March 2023 Commenced 3 March 2023 (s 2) Statute Law Amendment (Succession of the Crown) Act 2023 (Act No. 10, 2023) Assent date 20 April 2023 Commenced 21 April 2023 (s 2) 3 SAVINGS AND TRANSITIONAL PROVISIONS s 2(2) and (3) Interpretation Amendment Act (No. 3) 1988 (Act No. 28, 1988) s 39 Law Reform (Gender, Sexuality and De Facto Relationships Act 2003 (Act No. 1, 2004) 4 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 17, 18A, 28, 57, 59A and 75. 5 LIST OF AMENDMENTS lt amd No. 73, 1993, s 14 ss 1 – 2 amd No. 73, 1993, s 14 s 3 amd No. 73, 1993, ss 4 and 14 s 4 amd No. 73, 1993, s 14; No. 13, 2006, s 44; No. 35, 2006, s 21 s 5 amd No. 78, 1978, s 3 sub No. 13, 2006, s 18; No. 28, 2021, s 4 s 6 amd No. 78, 1978, s 4; No. 1, 1988, s 2; No. 13, 2006, ss 19 and 44; No. 35, 2006, s 21; No. 29, 2010, s 7 sub No. 28, 2021, s 4 s 6A ins No. 13, 2006, s 20 sub No. 28, 2021, s 4 s 6B ins No. 13, 2006, s 20 sub No. 35, 2006, s 13 s 7 amd No. 13, 2006, s 44; No. 35, 2006, s 21; No. 29, 2010, s 7 -- 62 of 65 -- ENDNOTES Interpretation Act 1978 59 s 8 amd No. 13, 2006, ss 21 and 44; No. 35, 2006, s 21 sub No. 22, 2018, s 5 s 9 amd No. 122, 1979, s 3; No. 35, 2006, s 21; No. 29, 2010, s 7 s 10 rep No. 13, 2006, s 22 s 11 amd No. 78, 1978, s 12; No. 28, 2021, s 5 s 14 amd No. 13, 2006, s 44; No. 35, 2006, s 21 s 15 amd No. 78, 1978, s 5; No. 13, 2006, s 44 sub No. 22, 2018, s 6 s 17 amd No. 78, 1978, s 12; No. 122, 1979, s 4; No. 14, 1989, s 7; No. 73, 1993, s 5; No. 50, 1994, s 9 sub No. 13, 2006, s 23 amd No. 35, 2006, s 14; No. 5, 2007, s 18; No. 7, 2007, s 6; No. 15, 2009, s 16; No. 18, 2010, s 48; No. 40, 2010, s 48; No. 44, 2011, s 15; No. 28, 2013, s 61; No. 19, 2014, s 26; No. 27, 2014, s 57; No. 38, 2014, s 2; No. 34, 2014, s 15; No. 3, 2016, s 46; No. 9, 2016, s 112; No. 33, 2016, s 11; No. 4, 2017, s 34; No. 9, 2017, s 9; No. 18, 2017, s 35; No. 19, 2017, s 39; No 17, 2018, s 10; No. 23, 2017, s 174; No. 22, 2018, s 7; No. 33, 2019, s 49; No. 39, 2019, s 370; No. 29, 2021, s 10; No. 28, 2021, s 6 s 18 amd No. 122, 1979, s 5; No. 62, 1983, s 4; No. 60, 1989, s 2; No. 33, 1990, s 4; No. 73, 1993, ss 6 and 14; No. 84, 1993, s 6; No. 5, 1995, s 19; No. 8, 1995, s 3; No. 38, 2002, s 5; No. 12, 2004, s 3; No. 20, 2005, s 29 sub No. 13, 2006, s 23 s 18A ins No. 13, 2006, s 23 amd No. 22, 2018, s 8; No. 28, 2021, s 7; No. 4, 2023, s 23 s 19 amd No. 64, 1986, s 2; No. 59, 1990, s 3; No. 25, 1992, s 3; No. 73, 1993, s 7; No. 23, 1997, s 2; No. 17, 2001, s 9; No. 14, 2002, s 3; No. 38, 2002, s 5; No. 1, 2004, s 37; No. 20, 2005, s 30 sub No. 13, 2006, s 23 amd No. 28, 2021, s 8 s 19A ins No. 1, 2004, s 38 s 20 sub No. 13, 2006, s 24 s 21 sub No. 20, 2005, s 31 amd No. 13, 2006, s 44 s 23A ins No. 44, 2011, s 16 s 24 amd No. 4, 1982, s 3 sub No. 20, 2005, s 32 amd No. 22, 2018, s 9 s 24A ins No. 20, 2005, s 32 amd No. 22, 2018, s 10 s 24AA ins No. 13, 2006, s 25 s 25 sub No. 13, 2006, s 26 s 28 amd No. 60, 1989, s 6; No. 20, 2005, s 33; No. 19, 2005, s 8; No. 33, 2016, s 12; No. 22, 2018, s 11 s 30 amd No. 22, 2018, s 12 s 31 amd No. 112, 1979, s 4 rep No. 13, 2006, s 27 ins No. 10, 2023, s 4 s 32 rep No. 73, 1993, s 8 s 33 amd No. 35, 2006, s 21 rep No. 40, 2010, s 49 s 34 sub No. 78, 1978, s 6 amd No. 122, 1979, s 6; No. 13, 2006, s 44 s 34A ins No. 1, 1979, s 3 s 34B ins No. 8, 1995, s 3 amd No. 44, 2005, s 22 rep No. 13, 2006, s 28 s 35 amd No. 5, 1995, s 19; No. 13, 2006, s 29; No. 26, 2020, s 3 sub No. 28, 2021, s 9 -- 63 of 65 -- ENDNOTES Interpretation Act 1978 60 s 36 amd No. 1, 1979, s 4; No. 5, 1995, s 19; No. 92, 1998, s 12 rep No. 13, 2006, s 30 ins No. 28, 2021, s 9 s 37 amd No. 5, 1995, s 19; No. 28, 2021, s 10 s 38 amd No. 73, 1993, s 14; No. 35, 2006, s 21 s 38A ins No. 78, 1978, s 7 amd No. 35, 2006, s 21 pt VIA hdg ins No. 62, 1983, s 5 s 38B ins No. 62, 1983, s 5 s 38C ins No. 62, 1983, s 5 amd No. 17, 1996, s 6; No. 20, 2005, s 34; No. 13, 2006, s 31 s 38D ins No. 62, 1983, s 5 amd No. 17, 1996, s 6 rep No. 22, 2018, s 13 s 38DA ins No. 13, 2006, s 32 rep No. 22, 2018, s 13 s 38DB ins No. 13, 2006, s 32 amd No. 35, 2006, s 21 rep No. 22, 2018, s 13 s 38DC ins No. 13, 2006, s 32 s 38E ins No. 62, 1983, s 5 sub No. 73, 1993, s 9 rep No. 9, 2016, s 113 s 38F ins No. 73, 1993, s 9 amd No. 3, 1999, s 3 sub No. 13, 2006, s 33 s 38G ins No. 28, 2000, s 3 s 40 amd No. 35, 2006, s 21 sub No. 28, 2021, s 11 s 41 amd No. 35, 2006, s 21 s 42 sub No. 20, 2005, s 35 amd No. 13, 2006, s 44; No. 22, 2018, s 14 s 43 amd No. 13, 2006, s 44 sub No. 28, 2021, s 12 s 44 amd No. 78, 1978, s 8; No. 54, 1982, s 2; No. 13, 2006, s 34; No. 22, 2018, s 15 s 44A ins No. 22, 2018, s 16 s 45 amd No. 13, 2006, s 44 rep No. 28, 2021, s 13 s 46 amd No. 78, 1978, s 9; No. 1, 1979, s 5; No. 20, 2005, s 36; No. 13, 2006, s 44; No. 22, 2018, s 17 s 46A ins No. 37, 1999, s 2 s 47 rep No. 13, 2006, s 35 s 48A ins No. 73, 1993, s 10 amd No. 35, 2006, s 21; No. 22, 2018, s 18 s 48B ins No. 73, 1993, s 10 s 49 amd No. 78, 1978, s 10; No. 22, 2018, s 19 s 50 amd No. 78, 1978, s 12 sub No. 22, 2018, s 20 s 51 rep No. 78, 1978, s 11 ins No. 35, 2006, s 15 s 55 amd No. 21, 1980, s 2 sub No. 20, 2005, s 37; No. 13, 2006, s 36 s 57 amd No. 73, 1993, s 11 sub No. 13, 2006, s 37 amd No. 35, 2006, s 16 s 57A ins No. 20, 2005, s 38 amd No. 13, 2006, s 44 -- 64 of 65 -- ENDNOTES Interpretation Act 1978 61 s 57B ins No. 22, 2018, s 21 s 59 amd No. 27, 1988, s 2; No. 73, 1993, s 14 s 59A ins No. 28, 1988, s 2 amd No. 35, 2006, s 21 s 60 rep No. 44, 1985, s 2 s 61 amd No. 13, 2006, s 38; No. 35, 2006, s 21 s 62 amd No. 73, 1993, s 14 s 62A ins No. 27, 1998, s 2 s 62B ins No. 27, 1998, s 2 amd No. 22, 2018, s 22 ss 62C – 62D ins No. 20, 2005, s 39 s 62E ins No. 28, 2021, s 14 pt VII div 2 hdg sub No. 13, 2006, s 39 amd No. 35, 2006, s 17 s 63 amd No. 78, 1978, s 12; No. 21, 1982, s 2; No. 49, 1985, s 4; No. 73, 1993, s 14; No. 92, 1998, s 12; No. 13, 2006, s 40; No. 35, 2006, s 21; No. 28, 2008, s 3; No. 19, 2014, s 26; No. 6, 2019, s 12; No. 26, 2020, s 3 sub No. 28, 2021, s 15 s 63A ins No. 28, 2021, s 15 s 63B ins No. 28, 2021, s 15 amd No. 4, 2023, s 23 s 63C ins No. 28, 2021, s 15 s 64 amd No. 78, 1978, s 12 sub No. 13, 2006, s 41 amd No. 28, 2021, s 16 s 65 rep No. 73, 1993, s 12 ins No. 13, 2006, s 41 ss 65A – 65B ins No. 13, 2006, s 41 ss 65C – 65D ins No. 35, 2006, s 18 s 65E ins No. 22, 2018, s 23 s 65F ins No. 28, 2021, s 17 s 66 amd No. 13, 2006, s 44 s 66A ins No. 28, 2021, s 18 s 67 amd No. 73, 1993, s 14 rep No. 35, 2006, s 19 ins No. 35, 2006, s 20 s 69 sub No. 22, 2018, s 24 pt VII div 4 hdg sub No. 60, 1989, s 6 s 70 amd No. 40, 2010, s 50; No. 9, 2016, s 114 s 71 rep No. 73, 1993, s 12 ins No. 13, 2006, s 42 s 72 ins No. 73, 1993, s 13 ptVIIA hdg ins No. 22, 2018, s 25 ss 72A – 72D ins No. 22, 2018, s 25 pt VIII hdg ins No. 13, 2006, s 43 sub No. 22, 2018, s 26 pt VIII div 1 hdg ins No. 22, 2018, s 26 ss 73 – 74 ins No. 13, 2006, s 43 pt VIII div 2 hdg ins No. 22, 2018, s 27 ss 75 – 76 ins No. 22, 2018, s 27 pt VIII div 3 ins No. 28, 2021, s 19 ss 77 – 78 ins No. 28, 2021, s 19 -- 65 of 65 --