What is the interpretation of legislation act?



Repealed by Sch 1 cl 23 of Legislation Interpretation Act 2021 on 1.1.2022.



Attorney-General: Gazette 14.12.1993 p2965

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The legislative history at the back of the Act provides detail about the past and future operation of the Act.

(1)  In any Act or instrument—

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

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

ASC Law has the same meaning as ASIC Law.

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

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

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

Australian lawyer means a person admitted to the Australian legal profession.

Australian legal practitioner means an Australian lawyer who holds a current Australian practising certificate.

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

bank means—

(a)  a bank as defined by section 5 of the Banking Act 1959 of the Commonwealth, or

(b)  a bank constituted under a law of a State or Territory.

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

British Parliament or Imperial Parliament means—

(a)  the Parliament of England,

(b)  the Parliament of Great Britain,

(c)  the Parliament of the United Kingdom of Great Britain and Ireland, or

(d)  the Parliament of the United Kingdom of Great Britain and Northern Ireland,

as the case requires.

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

(a)  immediately before the beginning of the corresponding day of the next named month, or

(b)  if there is no such corresponding day, at the end of the next named month.

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

committal proceedings means proceedings before a Magistrate for the purpose of committing an accused person for trial or sentence.

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

Commonwealth Constitution means the Constitution of the Commonwealth.

contravene includes fail to comply with.

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

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

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

(a)  gives a meaning to a word or expression, or

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

document means any record of information, and includes—

(a)  anything on which there is writing, or

(b)  anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them, or

(c)  anything from which sounds, images or writings can be reproduced with or without the aid of anything else, or

(d)  a map, plan, drawing or photograph.

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

Executive Council means the Executive Council of New South Wales.

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

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

Gazette, or Government Gazette, means the New South Wales Government Gazette published—

(b)  on a website authorised by the Parliamentary Counsel to provide public access to the Gazette.

Government means the Government of New South Wales.

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

Greater Sydney Region—see Schedule 1.

High Court means the High Court of Australia.

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

individual means a natural person.

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

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

Legislative Assembly means the Legislative Assembly of New South Wales.

Legislative Council means the Legislative Council of New South Wales.

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

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

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

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

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

month means a calendar month.

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

Northern Territory means the Northern Territory of Australia.

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

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

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

office includes position.

Parliament means the Parliament of New South Wales.

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

penalty includes forfeiture and punishment.

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

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

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

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

Registrar-General means the person employed in the Public Service as the Registrar-General.

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

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

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

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

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

State means a State of the Commonwealth.

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

statutory rule means—

(a)  a regulation, by-law, rule or ordinance—

(i)  that is made by the Governor, or

(ii)  that is made by a person or body other than the Governor, but is required by law to be approved or confirmed by the Governor, or

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

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

Territory means a Territory of the Commonwealth.

the State means the State of New South Wales.

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

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

s 21: Am 1990 No 11, Sch 2; 1990 No 48, Sch 1; 1990 No 83, Sch 1; 1990 No 108, Sch 2; 1991 No 53, Sch 1; 1992 No 46, Sch 1; 1992 No 94, sec 197; 1995 No 7, Sch 1; 1995 No 16, Sch 1; 1995 No 27, Sch 1; 1995 No 99, Sch 1; 1996 No 17, Sch 5; 1996 No 24, Sch 1; 1997 No 11, Sch 1.10; 1997 No 20, Sch 1.7 [1]; 1997 No 77, Sch 6.2; 1998 No 41, Sch 1.4 [1]; 1999 No 1, Sch 2.2 [1]–[3]; 1999 No 85, Sch 1.16 [1]; 1999 No 94, Sch 4.33 [1], 4.122; 2001 No 15, Sch 6.3; 2001 No 16, Sch 6.3; 2001 No 34, Sch 4.26 [1]; 2001 No 64, Sch 6.3; 2001 No 67, Sch 6.4; 2001 No 69, Sch 6.2; 2001 No 121, Sch 2.129 [1] [2]; 2002 No 30, Sch 6.3; 2002 No 43, Sch 7.4 [1]; 2002 No 51, Sch 2.3; 2003 No 69, Sch 6.3; 2004 No 114, Sch 2.11; 2005 No 43, Sch 7.7 [3]; 2005 No 46, Sch 11.4; 2005 No 98, Sch 3.34; 2006 No 2, Sch 5.7 [1]; 2006 No 43, Sch 1 [2] [3]; 2006 No 59, Sch 7.8; 2006 No 94, Sch 3.18; 2007 No 8, Sch 7.5; 2007 No 94, Sch 1.53 [1]; 2008 No 31, Sch 1.3 [1]; 2008 No 79, Sch 3.9; 2009 No 49, Sch 2.30; 2010 No 6, Sch 2.7; 2010 No 17, Sch 1.1; 2010 No 34, Sch 2.29; 2011 No 41, Sch 5.13; 2013 No 40, Sch 6.5 [1]; 2013 No 47, Schs 1.17 [1], 2.16; 2013 No 90, Sch 1.6 [1]; 2013 No 95, Sch 2.86; 2015 No 7, Sch 2.24; 2015 No 23, Sch 2.l; 2017 No 50, Sch 4 [1]; 2017 No 55, Sch 3.6; 2020 No 30, Sch 2.22; 2022 No 8, Sch 5.6[1].