Consolidation
NORFOLK
ISLAND
INTERPRETATION ACT 1979
[Consolidated as at 31 December 2012
on the authority of the Administrator
and in accordance with
the Enactments Reprinting Act 1980]
________
TABLE OF PROVISIONS
1.
2.
3.
4.
5.
6.
7.
8.
9.
9A.
10.
10A.
10B.
10C.
10D.
11.
12.
12A.
12B.
13.
14.
14A.
15.
16.
17.
18.
Short title
Commencement
Repeal
Crown to be bound
Application of this Act
Construction of enactments to be subject to Act
Construction of Rules, Regulations and Bylaws
Enactments to have effect subject to a contrary intention
Application of common law as to interpretation
Application of enactments to Crown and Administration
Construction of amending enactment
Definitions inserted by amending enactment
Paragraphs
Regard to be had to purpose or object of enactment
Use of extrinsic material in the interpretation of an enactment
Expressions defined by Norfolk Island Act
General definitions
Penalties
Fees
References to Courts
References to Governor-General
References to Ministers
Headings, etc
Parts of speech and grammatical forms
References to offices
Gender and number
19.
20.
20A.
20B.
20C.
20D.
20E.
21.
22.
23.
23A.
23B.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
33A.
34.
35.
36.
36A.
37.
38.
39.
39A.
40.
41.
41A.
42.
Mention of persons in general terms
References to writing, documents and records
Production of records kept in computers, etc
Compliance with forms
Alteration of names and constitutions
Content of statement of reasons for decisions
Service of documents
Service by post
Reckoning of time
Measures of distance
Delegations
Effect of delegation
Exercise of powers and functions by delegates
Approval or disallowance by Commonwealth Minister or
Administrator
Publication in the Gazette
Meaning of “commencement”
References to enactments
References to Acts
Exercise of certain powers between making and commencing
of enactments
Effect of repeal
Expiration of enactments
Regulations
….
Effect of repeal of regulations
Prescribing matters by reference to other instruments
Exercise of powers and duties
Acting appointments
Imprisonment
Offences punishable on summary conviction
Indictable offences
Jurisdiction of courts
Penalties
Laying before the Legislative Assembly regulations made by
the Administrator
Disallowable instruments
Forfeited goods
NORFOLK
ISLAND
INTERPRETATION ACT 1979
_______________________________________________________________________
An Act for the interpretation of enactments and for the shortening of their language
Short title
1.
This Act may be cited as the Interpretation Act 1979.
Commencement
2.
This Act shall come into operation on the date fixed under subsection 2(2)
of the Norfolk Island Act 1979.
Repeal
3.
The Acts set out in the Schedule to this Act are repealed.
Crown to be bound
4.
This Act binds the Crown and the Administration.
Application of this Act
5.
This Act, and, if this Act is amended, this Act as in force for the time
being as amended, applies to all enactments, including this Act, whether made before
or after the commencement of this Act.
Construction of enactments to be subject to Act
6.
An enactment shall be read and construed subject to the Act under which it
was made and so as not to exceed the legislative power conferred by that Act, to the
intent that where a provision of the enactment would, but for this section, have been
construed as being in excess of that power, the provision shall nevertheless be a valid
provision to the extent to which it is not in excess of that power.
Construction of Rules, regulations and Bylaws
7.
(1)
Where an enactment confers power to make, grant or issue an
instrument (including Rules, regulations or Bylaws), this Act, and, if this Act is
amended, this Act as in force for the time being as amended, applies, so far as it is
applicable, to the instrument as if —
(a)
it were an enactment and each such Rule, regulation or Bylaw were
a section of an enactment; and
(b)
each subrule of such a Rule, subregulation of such a Regulation or
paragraph or other division of such a Bylaw were a subsection of
an enactment.
1979
Interpretation
2
(2)
An instrument so made, granted or issued shall be read and
construed subject to the enactment and so as not to exceed the power conferred by the
enactment to the extent that where the instrument would, but for this section, have
been construed as being in excess of the power, it is nevertheless a valid instrument to
the extent to which it is not in excess of the power.
(3)
An expression used in an instrument referred to in subsection 7(1)
has, unless the contrary intention appears, the same meaning as in the enactment
under which the instrument was made, granted or issued.
Enactments to have effect subject to a contrary intention
8.
Section 5, in its application to an enactment, and subsection 7(1), in its
application to an instrument (including Rules, regulations or Bylaws) under an
enactment, has effect subject to a contrary intention appearing in that or another
enactment or in the instrument.
Application of common law as to interpretation
9.
(1)
Except as provided by this Act or by an enactment, the principles
and rules of the common law as to the interpretation of statutes apply to the
interpretation of an enactment.
(2)
In the application of subsection 9(1), a rule or principle of the
common law that has been affected by an Imperial Act that came into operation on or
after 25 July 1828 shall be taken not to have been so affected.
Application of enactments to Crown and Administration
9A.
Unless the contrary intention appears by express words or necessary
implication, an enactment does not bind the Crown in right of Norfolk Island or the
Administration.
Construction of amending enactment
10.
An enactment that amends another enactment shall be read with that other
enactment and as part of it.
Definitions inserted by amending enactment
10A. Where an amending enactment inserts a definition in a provision of the
enactment being amended, but does not specify the position in that provision where it
is to be inserted, it shall be deemed to be inserted in the appropriate alphabetical
position, determined on a letter-by-letter basis.
Paragraphs
10B. Where a provision of an enactment contains a reference to a paragraph of a
provision of that enactment or any other enactment in a particular context or
application (however described), the reference shall be read as a reference to that
paragraph together with such other words (if any) in the provision containing it
(whether preceding or following the paragraph) as are necessary to make that
reference meaningful and the first-mentioned provision effective.
Regard to be had to purpose or object of enactment
10C. In the interpretation of a provision of an enactment, a construction that
would promote the purpose or object underlying the enactment (whether that purpose
or object is expressly stated in the enactment or not) shall be preferred to a
construction that would not promote that purpose or object.
1979
Interpretation
3
Use of extrinsic material in the interpretation of an enactment
10D. (1)
Subject to subsection 10D(3), in the interpretation of a provision of
an enactment, if any material not forming part of the enactment is capable of assisting
in the ascertainment of the meaning of the provision, consideration may be given to
that material —
(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 enactment and the purpose or object underlying
the enactment; 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 enactment and the purpose
or object underlying the enactment leads to a result that is
manifestly absurd or is unreasonable.
(2)
Without limiting the generality of subsection 10D(1), the material
that may be considered in accordance with that subsection in the interpretation of a
provision of an enactment includes —
(a)
all matters not forming part of the enactment that are set out in the
document containing the text of the enactment as printed by the
Administration printer; and
(b)
any relevant report of a committee of inquiry or similar body that
was laid before the Legislative Assembly before the time when the
provision was enacted; and
(c)
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 before the time when the provision was enacted; and
(d)
the speech made to the Legislative Assembly by a Minister on the
occasion of the moving by that Minister of a motion that the Bill
containing the provision be agreed to in principle; and
(e)
any document (whether or not a document to which a preceding
paragraph applies) that is declared by the enactment to be a
relevant document for the purposes of this section; and
(f)
any relevant material in the Minutes of Proceedings of the
Legislative Assembly or in any official record of debates in the
Legislative Assembly.
(3)
In determining whether consideration should be given to any
material in accordance with subsection 10D(1), or in considering the weight to be
given to any such material, regard shall be had, in addition to any other relevant
matters, to —
(a)
the desirability of persons being able to rely on the ordinary
meaning conveyed by the text of the provision taking into account
its context in the enactment and the purpose or object underlying
the enactment; and
(b)
the need to avoid prolonging legal or other proceedings without
compensating advantage.
1979
Interpretation
4
Expressions defined by Norfolk Island Act
11.
Subject to section 12, an expression defined by subsection 4(1) of the
Norfolk Island Act 1979 has the same meaning in an enactment as in that Act.
General definitions
12.
(1)
In this Act, “enactment” means an enactment as defined by
subsection 4(1) of the Norfolk Island Act 1979, and includes a law continued in force
by subsection 16(1) of that Act, but does not include a Rule, Regulation, Bylaw or
other instrument made under an enactment as so defined or a law so continued in
force.
(2)
In an enactment —
“Administration printer” means any person printing for the Administration;
“Administrative Review Tribunal” means the Tribunal established under
subsection 4(1) of the Administrative Review Tribunal Act 1996;
“appoint” includes reappoint;
“calendar year” means the period of 12 months commencing on 1 January;
“Chief Executive Officer” means the person appointed to or who is acting in the
office of the Chief Executive Officer under section 38 of the Public Sector
Management Act 2000;
“committed for trial” means committed to prison with the view of being tried by
or before the Supreme Court or admitted to bail upon a recognisance to
appear and be so tried;
“Commonwealth” means the Commonwealth of Australia;
“Commonwealth Act” means an Act passed by the Commonwealth Parliament;
“Commonwealth Minister” means the Minister for the time being administering
the Norfolk Island Act 1979 and includes a Minister or member of the
Federal Executive Council for the time being acting for or on behalf of the
first-mentioned Minister;
“contravene” includes fail to comply with;
“Court of Petty Sessions” means the Court of Petty Sessions of Norfolk Island
established by the Court of Petty Sessions Act 1960;
“estate” includes any estate or interest, charge, right, title, claim, demand, lien or
encumbrance at law or in equity;
“Gazette” means the Norfolk Island Government Gazette;
“High Court” means the High Court of Australia;
“Imperial Act” means an Act of the Parliament of the United Kingdom;
“indictment” includes information;
“Justice of the Peace” means a Justice of the Peace for the Territory;
“land” includes messuages, tenements and hereditaments, corporeal and
incorporeal, of any tenure or description in land;
“month” means calendar month;
“Norfolk Island Botanic Garden” means the Norfolk Island Botanic Garden as
determined by the Norfolk Island National Park and Norfolk Island
Botanic Garden Act 1984;
“Norfolk Island National Park” means the Norfolk Island National Park as
determined by the Norfolk Island National Park and Norfolk Island
Botanic Garden Act 1984;
1979
Interpretation
5
“Norfolk Island Plan” means the plan established by section 7 of the Planning Act
1996, as varied from time to time;
“oath” or “affidavit”, in the case of a person allowed by enactment to affirm,
declare or promise instead of swearing, includes affirmation, declaration or
promise, respectively, and “swear” includes, in the like case, affirm,
declare or promise, respectively;
“person” or “party” includes a body politic or a body corporate as well as a natural
person;
“prescribed” means prescribed by the enactment or by regulations under the
enactment;
“proclamation” means proclamation by the Governor-General published in the
Commonwealth of Australia Gazette;
“property” means any legal or equitable estate or interest (whether present or
future, vested or contingent, or tangible or intangible) in real or personal
property of any description (including money), and includes a thing in
action.
Note: A thing in action (also known as a chose in action) is an intangible personal
property right recognised and protected by the law. Examples include debts, money held
in a bank, shares, rights under a trust, copyright and right to sue for breach of contract.
“public service” has the meaning given by the Public Sector Management Act
2000;
“public sector employee” has the meaning given by the Public Sector
Management Act 2000;
“public servant” means a public sector employee;
“Registrar of Titles” means the person appointed as the Registrar of Titles of
Norfolk Island under section 6 of the Land Titles Act 1996 and includes a
person acting in that office;
“regulations” means regulations under the enactment;
“rules of Court”, in relation to a Court, means rules made by the authority having
for the time being power to make rules or orders regulating the practice
and procedure of the Court;
“State” means State of the Commonwealth;
“State Act” means an Act of the Parliament of a State;
“statutory declaration” means a statutory declaration under the Statutory
Declarations Act 1959;
“Surveyor-General” means the person appointed as Surveyor-General for Norfolk
Island under section 3 of the Official Survey Act 1978;
“Territory authority” means a body corporate established for a public purpose by
or under an enactment;
“United Kingdom”, in relation to a time before 6 December 1922, means the
United Kingdom of Great Britain and Ireland and, in relation to a time on
or after that date, means the United Kingdom of Great Britain and
Northern Ireland.
1979
Interpretation
6
(3)
In an enactment, a reference to Norfolk Island is a reference to the
Territory as defined by subsection 4(1) of the Norfolk Island Act 1979.
(4)
In an enactment, a reference to a Territory (not being a reference to
the Territory of Norfolk Island) is a reference to a Territory under the authority of the
Commonwealth other than the Territory of Norfolk Island.
(5)
In an enactment, the word “enactment” has the same meaning as in
this Act.
Penalties
12A. In an enactment a reference to a number, whether whole or fractional, of
“penalty units” is a reference to the number of dollars obtained by multiplying $100
by the first mentioned number.
Fees
12B. (1)
In an enactment a reference to a number, whether whole or
fractional, of “fee units” is a reference to —
(a)
in respect of a number of fee units less than 2, the amount of
money in dollars “$AMT” determined in accordance with the
formula contained in subsection (2) and rounded to the nearest
whole dollar amount (amounts of fifty cents rounded up); or
(b)
in respect of a number of fee units greater than, or equal to, 2 the
amount of money in dollars “$AMT” determined in accordance
with the formula contained in subsection (2) and rounded to the
nearest whole multiple of five dollars (where odd multiples of
$2.50 are rounded up).
(2)
For the purposes of subsection (1) the formula is as follows —
$AMT = FU x 15 x Fi
where —
FU
is the number of fee units referred to in the enactment (being
less than 2); and
Fi
is the indexation factor determined in accordance with
subsection (3) at the time that the fee falls due.
(3)
For the purposes of subsection (2) the indexation factor Fi is —
(a)
before 1 July 2000, 1; or
(b)
for the period of a year commencing on 1 July 2000, and for
each subsequent year, the factor calculated for that year in
accordance with the following formula to two decimal places
(where odd multiples of .005 are rounded up) —
Fi = RPI (1)  RPI (2)
where —
RPI(1) is the retail price index calculated under section 2 of the Retail
Price Index Act 1983 in respect of the period ending on the
immediately preceding 31 March; and
RPI(2) is the retail price index calculated under section 2 of the Retail
Price Index Act 1983 in respect of 31 March 1999.
(4)
The Minister must, in respect of 1 July 2000 and each subsequent 1
July, cause to be published in the Gazette a list of the dollar amounts of all fees
specified in fee units.
1979
Interpretation
7
References to Courts
13.
(1)
A reference to the Court of Norfolk Island sitting in its full
jurisdiction or a reference to the Magistrate’s Court shall be read as a reference to the
Supreme Court.
(2)
A reference to the Court of Norfolk Island or to that Court sitting in
its limited jurisdiction shall be read as a reference to the Court of Petty Sessions.
References to Governor-General
14.
(1)
A reference to the Governor-General includes a reference to the
person for the time being administering the Government of the Commonwealth.
(2)
Where the reference occurs in or in relation to a provision
conferring on the Governor-General a power or function that the Governor-General or
the person administering the Government of the Commonwealth has for the time
being assigned to a person as his deputy, the reference includes a reference to that
last-mentioned person in his capacity as deputy.
(3)
A reference to the Governor-General is a reference to the
Governor-General, or to a person included in the reference by reason of the operation
of subsection 14(1) or 14(2), acting with the advice of the Federal Executive Council.
References to Ministers
14A. (1)
In an enactment, the expression “Minister” means whichever
Minister is for the time being administering the enactment in which the expression is
used.
(2)
Where in an Act any Minister is referred to, such reference shall
unless the contrary intention appears, be deemed to include any Minister for the time
being acting for or on behalf of such Minister.
Headings, etc
15.
(1)
The headings of the Parts, Divisions and Sub-divisions into which
an enactment is divided form part of the enactment.
(2)
A Schedule to an enactment forms part of the enactment.
(3)
No marginal note, footnote or endnote to an enactment, and no
heading to a section of an enactment, shall be taken to be part of the enactment.
Parts of speech and grammatical forms
16.
Where a word or phrase has a particular meaning, other parts of speech
and grammatical forms of that word or phrase have corresponding meanings.
References to offices
17.
(1)
A reference to an officer or office is a reference to that officer or
office in and for Norfolk Island.
(2)
A reference to a locality, jurisdiction or other matter or thing is a
reference to the locality, jurisdiction or other matter or thing in and of Norfolk Island.
Gender and number
18.
(1)
A word importing the masculine gender includes females.
(2)
A word in the singular includes the plural and a word in the plural
includes the singular.
Mention of persons in general terms
19.
Where a person holding or occupying a particular office or position is
mentioned or referred to in general terms, the mention or reference includes a mention
or reference to a person occupying the office or position for the time being.
1979
Interpretation
8
References to writing, documents and records
20.
In an enactment, unless the contrary intention appears —
“document” includes —
(a)
a paper or other material on which there is writing;
(b)
a paper or other material on which there are marks, figures,
symbols or perforations having a meaning for persons qualified to
interpret them; and
(c)
an article or material from which sounds, images or writing are
capable of being reproduced with or without the aid of any other
article or device;
“record” includes information stored or recorded by means of a computer;
“writing” includes any mode of representing or reproducing words, figures,
drawings or symbols in a visible form.
Production of records kept in computers, etc
20A. Where a person who keeps a record of information by means of a
mechanical, electronic or other device is required by or under an enactment to
produce the information or a document containing the information available for
inspection by a court, tribunal or person, then unless the court, tribunal or person
otherwise directs, the requirement shall be deemed to oblige the person to produce or
make available for inspection, as the case may be, a writing that reproduces the
information in a form capable of being understood by the court, tribunal or person,
and the production of such a writing to the court, tribunal or person constitutes
compliance with the requirement.
Compliance with forms
20B. Where an enactment prescribes a form, then, unless the contrary intention
appears, strict compliance with the form is not required and substantial compliance is
sufficient.
Alterations of names and constitutions
20C. (1)
Where an enactment alters the name of a body (whether or not the
body is incorporated) or alters the name of an office, then, unless the contrary
intention appears —
(a)
the body or office continues in existence under the new name so
that its identity is not affected; and
(b)
in any enactment, in any instrument under an enactment, in any
order (whether executive, judicial or otherwise), in any contract, in
any pleading in, or process issued in connection with, any legal or
other proceedings or in any other instrument, a reference to the
body or the office under the former name shall, except in relation
to matters that occurred before the alteration took place, be
construed as a reference to the body or the office under the new
name.
1979
Interpretation
9
(2)
Where a law of the Commonwealth or of a State or Territory alters
the name of a body (whether or not incorporated) or of an office, then, unless the
contrary intention appears, a reference in an enactment or an instrument made under
an enactment to the body or office under the former name is to be construed, except in
relation to matters that occurred before the alteration, as a reference to the body or
office under the new name.
(3)
Where an enactment alters the constitution of a body (whether or
not the body is incorporated), then, unless the contrary intention appears —
(a)
the body continues in existence as newly constituted so that its
identity is not affected; and
(b)
the alteration does not affect any functions, powers, property,
rights, liabilities or obligations of the body; and
(c)
the alteration does not affect any legal or other proceedings
instituted or to be instituted by or against the body, and any legal or
other proceedings that might have been continued or commenced
by or against the body as previously constituted may be continued
or commenced by or against the body as newly constituted; and
(d)
the alteration does not affect any investigation or inquiry being or
proposed to be undertaken by any tribunal, authority or person into
any action taken or practice engaged in by the body before the
alteration took place, and any investigation or inquiry that might
have been continued or commenced into any such action or
practice may be continued or commenced as if the action had been
taken or the practice had been engaged in by the body as newly
constituted.
Content of statement of reasons for decisions
20D. Where an enactment requires a tribunal, body or person making a decision
to give written reasons for the decision, the instrument giving the reasons shall also
set out the findings on material questions of fact and refer to the evidence or other
material on which those findings were based.
Service of documents
20E. (1)
For the purposes of any enactment that requires or permits a
document to be served on a person, whether the expression “serve”, “give” or “send”
or any other expression is used, then, unless the contrary intention appears, the
document may be served —
(a)
on a natural person:
(i) by delivering it to the person personally; or
(ii) by leaving it at, or by sending it by pre-paid post to, the address
of the place of residence or business of the person last known to
the person serving the document; or
(b)
on a body corporate - by leaving it at, or sending it by pre-paid post
to, the head office, a registered office or a principal office of the
body corporate;
1979
Interpretation
(2)
(a)
10
Nothing in subsection 20E(1):
affects the operation of any other law of Norfolk Island or of the
Commonwealth, or any law of a State or Territory, that authorises
the service of a document otherwise than as provided in that
subsection; or
(b)
affects the power of a court to authorise service of a document
otherwise than as provided in that subsection.
(3)
In subsection (1) —
(a)
reference to ‘document’ includes a plaint, summons, writ,
subpoena or other process issued out of the Court of Petty Sessions
or a tribunal in accordance with an enactment or rules of court; and
(b)
reference to 
(i) “the address of the place of residence or business” of a person;
and
(ii) “the head office, a registered office or a principal office of a
body corporate”
includes, where that address is in Norfolk Island, a Post Office Box
number registered in the name of, or of a business owned by, that
person or in the name of that corporation.
(4)
For the purpose of paragraph (3)(b)(i) a document served by being
sent to a Post Office Box number is, if the person to whom it is addressed satisfies the
court or tribunal that he or she was not present on Norfolk Island on or after the day
following the date of posting, not deemed to have been duly served until the day
following his or her return to Norfolk Island or such earlier day as the court or
tribunal is satisfied that the document was in fact received by the person.
(5)
For the avoidance of doubt this section applies despite section 146
of the Court of Petty Sessions Act 1960.
Service by post
21.
(1)
Where a document is authorised or required to be served by post,
whether the expression “serve”, “give” or “send”, or some other expression, is used,
the service shall be deemed to be effected by properly addressing, prepaying and
posting the document as a letter.
(2)
Unless the contrary is proved, the service shall be deemed to have
been effected at the time at which the letter would be available for delivery to the
addressee in the ordinary course of post.
(3)
A document that may be served by post under subsection 21(1) and
is to be so served in Norfolk Island may be served if it complies with that subsection
and is addressed to the post office box number of the addressee.
Reckoning of time
22.
(1)
Where a period of time dating from a particular day, act or event is
prescribed or allowed for any purpose, the time shall be reckoned exclusive of that
day or of the day of the act or event.
(2)
Where the last day of a period prescribed or allowed for the doing
of anything falls on Saturday, on a Sunday or on a day which is a public holiday or
bank holiday in the Territory, the thing may be done on the first day following which
is not a Saturday, Sunday or a public holiday or bank holiday in the Territory.
1979
Interpretation
11
Measures of distance
23.
In the measurement of any distance for the purposes of an enactment, that
distance shall be measured in a straight line on a horizontal plane.
Delegations
23A. Where an enactment confers power to delegate a function or power, then,
unless the contrary intention appears, the power of delegation shall not be construed
as being limited to delegating the function or power to a specified person but shall be
construed as including a power to delegate the function or power to any person from
time to time holding, occupying, or performing the duties of, a specified office or
position, even if the office or position does not come into existence until after the
delegation is given.
Effect of delegation
23B. Where an enactment confers power on a person or body (in this section
called the “authority”) to delegate a function or power —
(a)
the delegation may be made either generally or as otherwise
provided by the instrument of delegation; and
(b)
the powers that may be delegated do not include that power to
delegate; and
(c)
a function or power so delegated, when performed or exercised by
the delegate, shall, for the purposes of the Act, be deemed to have
been performed or exercised by the authority; and
(d)
a delegation by the authority does not prevent the performance or
exercise of a function or power by the authority; and
(e)
if the authority is not a person, section 24 applies as if it were.
Exercise of powers and functions by delegates
24.
Where, under an enactment, the exercise of a power or function by a
person is dependent upon the opinion, belief or state of mind of that person in relation
to a matter and that power or function has been delegated in pursuance of that
enactment, that power or function may be exercised by the delegate upon the opinion,
belief or state of mind of the delegate in relation to that matter.
Approval or disallowance by Commonwealth Minister or Administrator
25.
Where it is provided that the making of any Rules, regulations or Bylaws
under an enactment is subject to the approval of the Commonwealth Minister or the
Administrator, or that the doing of an act or thing is subject to the approval of, or may
be disallowed by, the Commonwealth Minister or the Administrator, notice of the
approval or disallowance shall be published in the Gazette.
Publication in the Gazette
26.
(1)
Where a document, instrument, notice or notification is required to
be published in the Commonwealth of Australia Gazette or in the Government
Gazette of the State of New South Wales, it is sufficient if the document, instrument
or notification is published in the Norfolk Island Government Gazette.
(2)
A document, instrument, notice or notification that was required by
any law in force in Norfolk Island to be published in the Commonwealth of Australia
Gazette shall be deemed to have been so published if it was published in the
Australian Government Gazette during the period that commenced on 1 July 1973 and
ended on 30 June 1977.
1979
Interpretation
12
Meaning of “commencement”
27.
(1)
The word “commencement”, when used with reference to an
enactment, means the time at which the enactment came into operation.
(2)
Where it is provided that an enactment is to come into operation on
a particular day, the enactment comes into operation immediately on the expiration of
the last preceding day.
(3)
Where an enactment amends another enactment by means of —
(a)
a paragraph of a provision of the amending enactment; or
(b)
an item (whether or not so described) in a Schedule to the
amending enactment; or
(c)
a paragraph of such an item,
a separate commencement may be provided for the amendment, paragraph or item as
if the paragraph or item were a self-contained provision of the amending enactment.
References to enactments
28.
(1)
Where an enactment contains a reference —
(a)
to the short title or method of citation of another enactment as
originally made and that other enactment has been amended; or
(b)
to a method of citation that is, or at any time has been, provided by
law for the citation of another enactment as amended and that other
enactment has been further amended,
the reference shall be read as a reference to that other enactment as in force for the
time being as amended.
(2)
If that other enactment has been repealed and remade, with or
without modification, the reference shall be read as being a reference —
(a)
to the remade enactment; or
(b)
if that remade enactment has been amended - to that enactment as
in force for the time being as amended.
(3)
Where, in connection with such a reference as is mentioned in
subsection 28(2), a particular provision of the repealed enactment is referred to, being
a provision to which —
(a)
a provision of the remade enactment corresponds; or
(b)
if that remade enactment has been amended - a provision of the
remade enactment as in force for the time being as amended
corresponds,
the reference to that particular provision shall be read as being a reference to that
corresponding provision.
(4)
Where an enactment in force on 1 July 1914 and continued in force
by subsection 16(1) of the Norfolk Island Act 1979 contains a method of citation that
includes the word “Law”, that enactment may be cited or referred to as though the
word “Ordinance” were substituted for the word “Law”.
(5)
Where a provision in an enactment allows the enactment to be
referred to by a short title or method of citation containing words or figures that are
underlined or italicised, the enactment may be cited or referred to as though the words
or figures were not underlined or italicised.
1979
Interpretation
13
References to Acts
29.
(1)
Where an enactment contains a reference —
(a)
to the short title of an Act as originally enacted and that Act has
been amended; or
(b)
to a method of citation that is, or at any time has been, provided by
law for the citation of an Act as amended and that Act has been
further amended,
the reference shall be read as a reference to that Act as in force for the time being as
amended.
(2)
If that Act has been repealed and re-enacted, with or without modification,
the reference shall be read as being a reference —
(a)
to the re-enacted Act; or
(b)
if that re-enacted Act has been amended - to that Act as in force for
the time being as amended.
(3)
Where, in connection with such a reference as is mentioned in
subsection 29(2), a particular provision of the repealed Act is referred to, being a
provision to which —
(a)
a provision of the re-enacted Act corresponds; or
(b)
if that re-enacted Act has been amended - a provision of the reenacted Act as in force for the time being as amended corresponds,
the reference to that particular provision shall be read as being a reference to that
corresponding provision.
Exercise of certain powers between making and commencing of enactments
30.
(1)
Where an enactment (in this section referred to as the enactment
concerned), being —
(a)
an enactment made on or after the date of commencement of this
section that is not to come into operation immediately upon its
making; or
(b)
an enactment made before the date of commencement of this
section that did not come into operation on or before that date,
confers power, or amends another enactment in such a manner that the other
enactment, as amended, will confer power, to make an instrument, including an
instrument making or determining an appointment or an instrument of a legislative or
administrative character (including Rules, regulations or Bylaws), the power may be
exercised, and anything may be done for the purpose of enabling the exercise of the
power or of bringing the instrument into effect, before the enactment concerned
comes into operation as if it had come into operation.
(2)
An instrument made by virtue of subsection 30(1) or, in the case of
such an instrument containing a number of provisions, each of those provisions, takes
effect —
(a)
on the day on which the enactment concerned comes into
operation; or
(b)
on the day on which the instrument or provision, as the case may
be, would have taken effect if the enactment concerned had been in
operation when the instrument was made,
whichever is the later.
1979
Interpretation
14
(3)
Where an enactment is to come into operation on a date to be fixed
by an instrument, then at any time after the making of the enactment —
(a)
the instrument may be made; and
(b)
the instrument may be notified or published or notice of the making
of the instrument may be made, as the case requires.
(4)
Where this section applies to an enactment by reason of the fact
that that enactment amends another enactment in the manner referred to in subsection
30(1) and that other enactment has not come into operation, this section has effect as
if the references in subsections 30(1) and 30(2) to the coming into operation of the
enactment concerned were references to the coming into operation of the other
enactment as amended by the enactment concerned.
(5)
In subsections 30(1), 30(2), 30(3) and 30(4), a reference to an
enactment shall be read as including a reference to any provision or provisions of an
enactment.
(6)
In the application of this section, in accordance with section 7, to
Rules, regulations or Bylaws (including Rules, regulations or Bylaws made by virtue
of this section), references in this section to the making of an enactment shall be read
as references to the making of Rules, regulations or Bylaws and references in this
section to an enactment other than the enactment concerned shall be read as
references to Rules, regulations or Bylaws.
(7)
The repeal of the Acts referred to in section 3 does not affect the
validity of anything done in accordance with those Acts before the date of
commencement of this section or the coming into operation, on or after that date, of
an instrument made, granted or issued by virtue of any of those Acts before that date.
Effect of repeal
31.
(1)
The repeal of an enactment or a part of an enactment by which a
previous enactment or part of an enactment was repealed does not have the effect of
reviving the previous enactment or part of the previous enactment.
(2)
Where an enactment repeals in whole or in part a former
enactment, the repeal 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 enactment so repealed or
anything duly done or suffered under that enactment;
(c)
affect any right, privilege, obligation or liability acquired, accrued
or incurred under the enactment so repealed;
(d)
affect any penalty, forfeiture or punishment incurred in respect of
an offence committed against the enactment so repealed; or
(e)
affect any investigation, legal proceeding or remedy in respect of
any such right, privilege, obligation, liability, penalty, forfeiture or
punishment.
(3)
Any such investigation, legal proceeding or remedy may be
instituted, continued or enforced, and any such penalty, forfeiture or punishment may
be imposed, as if the repealing enactment had not been made.
Expiration of enactments
32.
The expiration of an enactment does not affect any civil proceeding
previously commenced under it and the proceeding may be continued and everything
in relation to it be done in all respects as if the enactment continued in force.
1979
Interpretation
15
Regulations
33.
(1)
Notice of the making of regulations under an enactment shall be
published in the Gazette and, unless the contrary intention appears in the regulations,
the regulations take effect on the date of publication of the notice.
(2)
Regulations made under an enactment shall not be expressed to
take effect on a date before the date of publication of notice of the making of the
regulations where, if the regulations so took effect —
(a)
the rights of a person (other than the Commonwealth, an authority
of the Commonwealth, the Administration, the Administrator or a
Territory authority) existing at the date of publication would be
affected in a manner prejudicial to that person; or
(b)
liabilities would be imposed on a person (other than the
Commonwealth, an authority of the Commonwealth, the
Administration, the Administrator or a Territory authority) in
respect of anything done or omitted to be done before the date of
notification.
(3)
Where, in any regulations, a provision is made in contravention of
subsection 33(2), that provision is void and of no effect.
Effect of repeal of regulations
34.
(1)
Section 31 applies with respect to the repeal of regulations as
though each reference in that section to an enactment were a reference to those
regulations.
(2)
In this section, “regulations” means regulations, Rules or Bylaws
under an enactment.
Prescribing matters by reference to other instruments
35.
(1)
Where an enactment authorises or requires provision to be made
for or in relation to a matter by regulations, the regulations may make provision for or
in relation to that matter by applying, adopting or incorporating, with or without
modification —
(a)
the provisions of an Act or enactment, or of any regulations under
an Act or enactment, as in force at a particular time or as in force
from time to time; or
(b)
matter contained in some other instrument or writing as in force or
existing at the time when the first-mentioned regulations take
effect.
(2)
Regulations shall not, except as provided by subsection 35(1),
make provision for or in relation to a matter by applying, adopting or incorporating
the matter contained in an instrument or other writing as in force or existing from time
to time.
(3)
In this section, “regulations” means regulations, Rules or Bylaws
under an enactment.
1979
Interpretation
16
Exercise of powers and duties
36.
(1)
Where an enactment confers a power or imposes a duty, the power
may be exercised or the duty shall be performed from time to time as the occasion
requires.
(2)
Where an enactment confers a power or imposes a duty on the
holder of an office as such, the power may be exercised or the duty shall be performed
by the holder for the time being of the office.
(3)
Where an enactment confers a power to make, grant or issue an
instrument (including Rules, regulations or Bylaws), the power includes a power,
exercisable in the like manner and subject to the like conditions (if any), to repeal,
rescind, revoke, amend or vary the instrument.
(3A) Where an enactment confers a power to make, grant or issue any
instrument (including Rules, regulations or By-laws) with respect to particular matters
(however the matters are described), the power shall be construed as including a
power to make, grant or issue such an instrument with respect to some of those
matters or with respect to a particular class or particular classes of those matters and
to make different provision with respect to different matters or different classes of
matters.
(3B) Where an enactment confers a power to make, grant or issue any
instrument (including Rules, regulations or By-laws), the power shall not be taken, by
implication, not to include the power to make provision for or in relation to a
particular aspect of a matter by reason only that provision is made by the enactment in
relation to another aspect of that matter or in relation to another matter.
(4)
Where an enactment confers upon a person or authority a power to
make an appointment to an office or place, the power includes a power to appoint a
person to act in the office or place until a person is appointed to the office or place
and also includes a power to remove or suspend a person appointed and to appoint
another person temporarily in the place of a person so suspended or in place of a sick
or absent holder of the office or place.
(5)
Where the power of a person or authority to make an appointment
to an office or place is exercisable only upon the recommendation or subject to the
approval or consent of some other person or authority, the power of removal is
exercisable only upon the recommendation or subject to the approval or consent of
that other person or authority.
(6)
Where an enactment confers a power or function, or imposes a
duty, on a body, whether incorporated or unincorporated, the exercise of the power or
the performance of the function or duty is not affected merely because of a vacancy or
vacancies in the membership of the body.
(7)
In any enactment, “appoint” includes re-appoint.
1979
Interpretation
17
Acting appointments
36A. Where a provision of an enactment (other than subsection 36(4) of this
Act) confers on a person or body (in this section called the “appointer”) a power to
appoint a person (in this section called the “appointee”) to act in a particular office,
then, except so far as the enactment otherwise provides, the following paragraphs
apply in relation to an appointment made under the provision —
(a)
the appointment may be expressed to have effect only in the
circumstances specified in the instrument of appointment; and
(b)
the appointer may —
(i) determine the terms and conditions of the appointment,
including remuneration and allowances; and
(ii) terminate the appointment at any time; and
(c)
where the appointee is acting in an office other than a vacant office
and the office becomes vacant while the appointee is acting, then,
subject to paragraph 36A(a), the appointee may continue to act
until —
(i) the appointer otherwise directs; or
(ii) the vacancy is filled,
whichever happens first; and
(d)
the appointment ceases to have effect if the appointee resigns in
writing delivered to the appointer; and
(e)
while the appointee is acting in the office —
(i) the appointee has and may exercise all the powers and shall
perform all the functions and duties, of the holder of the office;
and
(ii) that or any other enactment applies in relation to the appointee
as if the appointee were the holder of the office.
Imprisonment
37.
(1)
A reference in any enactment to imprisonment with hard labour is a
reference to imprisonment only.
(2)
A reference in any enactment to punishment by whipping is
repealed.
(3)
A reference in any law to keeping a person convicted of an offence
in irons is repealed.
Offences punishable on summary conviction
38.
An offence that —
(a)
is punishable by imprisonment but not for a period exceeding 6
months; or
(b)
not being punishable by imprisonment, is not declared to be an
indictable offence,
is punishable on summary conviction.
Indictable offences
39.
An offence that is punishable by imprisonment for a period exceeding 6
months is an indictable offence.
1979
Interpretation
18
Jurisdiction of courts
39A. Where a provision of an enactment whether expressly or by implication,
authorises a civil or criminal proceeding to be instituted in a particular court of the
Territory in relation to a matter —
(a)
that provision shall be (i) deemed to vest that court with jurisdiction in that matter; and
(ii) construed as providing that the jurisdiction is vested so far only
as the Constitution or the Norfolk Island Act 1979 permits; and
(b)
except so far as the contrary intention appears, the jurisdiction so
vested is not limited by any limits to which any other jurisdiction
of the court may be subject.
Penalties
40.
(1)
The penalty, pecuniary or other, set out —
(a)
at the foot of a section of an enactment; or
(b)
at the foot of a subsection of a section of an enactment but not at
the foot of the section,
indicates that a contravention of the section or of the subsection, respectively, whether
by act or omission, is an offence against the enactment punishable upon conviction by
a penalty not exceeding the penalty mentioned.
(2)
Where the penalty is expressed to apply to a part only of the
section or subsection, it applies to that part only.
Laying before the Legislative Assembly regulations made by the Administrator
41.
(1)
This section applies to regulations made by the Administrator
under an enactment.
(2)
Regulations shall be laid before the Legislative Assembly —
(a)
at the first meeting of the Assembly after they are made; or
(b)
if a meeting of the Assembly begins within 7 days after the
regulations are made - at the second meeting of the Assembly after
they are made,
and, if they are not so laid before the Assembly, they thereupon cease to have effect.
(3)
If the Legislative Assembly, in pursuance of a motion of which
notice has been duly given, before the expiration of 65 days after the Regulation has
been so laid, passes a resolution disallowing the Regulation or a part of the Regulation
the Regulation or part so disallowed thereupon ceases to have effect.
(4)
If at the expiration of 65 days after a Regulation has been laid
before the Assembly, a notice of motion to disallow a Regulation or part of a
Regulation —
(a)
has not been withdrawn and the motion has not been called on; or
(b)
has been called on and moved and has not been withdrawn or
otherwise disposed of,
the Regulation or part, as the case may be, referred to in the motion shall thereupon be
deemed to have been disallowed.
(5)
Where, under this section, a Regulation or part of a Regulation
ceases to have effect, is disallowed or is deemed to have been disallowed, the
cessation of effect or the disallowance has, subject to subsection 41(6), the same
effect as a repeal of the Regulation or part of the Regulation, as the case may be.
1979
Interpretation
19
(6)
If a provision —
(a)
of a Regulation that has ceased to have effect;
(b)
of a disallowed Regulation; or
(c)
of a disallowed part of a Regulation,
amended or repealed a law in force immediately before the date of commencement of
the provision, the cessation or disallowance revives the previous law from the date of
the cessation or disallowance as if the provision had not been made.
(7)
If a Regulation or part of a Regulation is disallowed, or is deemed
to have been disallowed, under this section, and a Regulation containing a provision
being the same in substance as a provision so disallowed or deemed to have been
disallowed is made within 6 months after the date of the disallowance, the provision is
void and of no effect, unless —
(a)
in the case of a Regulation or part of a Regulation, disallowed by
resolution - the resolution has been rescinded by the Legislative
Assembly; or
(b)
in the case of a Regulation, or part of a regulation, deemed to have
been disallowed — the Legislative Assembly approves, by
resolution, the making of a provision the same in substance as the
provision deemed to have been disallowed.
(8)
In this section, “regulations” includes Rules and Bylaws.
Disallowable instruments
41A. Where a provision of an enactment confers power to make an instrument
(however described) and expressly provides that the instrument is a disallowable
instrument for the purposes of this section, then, except so far as the enactment
otherwise provides, subsections 33(2) and 33(3) and sections 34 and 41 apply to the
instrument as if the instrument were regulations made by the Administrator under an
enactment.
Forfeited goods
42.
(1)
A member of the Police Force may, without warrant, seize any
goods that are forfeited to the Administration, or that he has reasonable grounds to
believe to be so forfeited, under an enactment and take them before the Court of Petty
Sessions.
(2)
The Court shall inquire into the matter and —
(a)
if the Court is satisfied that the goods are forfeited - shall order that
they be condemned; or
(b)
if the Court is not so satisfied - shall order that the goods be
delivered to such person as the Court considers to be entitled to
them.
(3)
The Court may, before inquiring into a matter under subsection
42(1), require notice of the inquiry to be given to such persons as the Court thinks fit.
(4)
Where a prosecution is pending, an order with respect to the goods
shall not be made until the prosecution has been determined.
(5)
Goods condemned as forfeited shall be dealt with as the Minister
directs and, pending his direction, may be detained in such custody as the Court
directs.
1979
Interpretation
20
(6)
A person shall not knowingly and with intent to hinder or defeat
the seizure of goods that are forfeited to the Administration under an enactment
receive, remove, retain, conceal or dispose of the goods.
Penalty:
5 penalty units or imprisonment for 6 months.
________
SCHEDULE
Section 3
Acts repealed
Interpretation Act 1915
Interpretation Act 1921
Interpretation Act 1929
Interpretation Act 1933
Interpretation Act 1940
Interpretation Act 1958
Interpretation Act 1960
Interpretation Act 1971
Interpretation (Amendment) Act 1977
____________________________________________________________
NOTES
The Interpretation Act 1979 as shown in this consolidation comprises Act No. 10 of 1979
and amendments as indicated in the Tables below.
Enactment
Number
and year
Date of
commencement
Interpretation Act 1979
10, 1979
7.8.79
Ordinances Revision Act 1980
6, 1980
10.8.79
Interpretation Act 1980
20, 1980
25.9.80
Interpretation (Amendment) Act 1980
25, 1980
7.8.79
Interpretation (Penalty and Fee Units)
Act 1981
19, 1981
11.12.81
Interpretation (Amendment) Act 1982
8, 1982
11.2.82
Interpretation (Amendment) Act 1984
2 of 1985
11.12.81
7.2.85
Interpretation Amendment Act 1988
11, 1988
2.6.88
Interpretation Amendment Act 1993
22, 1993
28.10.93
Statute Law (Miscellaneous
Provisions) Act 1995
13, 1995
27.7.95
Application
saving or
transitional
provision
5
1979
Interpretation
21
Enactment
Number
and year
Date of
commencement
Citation of Laws Act 1995
14, 1995
1.1.96
Interpretation Amendment Act 1996
14, 1996
11.7.96
Statutes Amendment (Fees) (No. 2) Act
1999
17, 1999
17.7.00
Application
saving or
transitional
provision
Statutes Amendment (Miscellaneous
21, 1999
17.7.00
Provisions) Act 1999
[Consolidated as at 10 September 2003]
Interpretation Amendment Act 2004
15, 2004
20.8.04
[Consolidated as at 30 September 2004]
Interpretation (Amendment) Act 2005
3, 2005
24.3.05
[Consolidated as at 30 May 2005; NB – re-issued 4 September 2006 to correct a typing error
in subsection 12B(2); and re-issued 24 January 2008 to correct an indent in 20E(3)(b)]
Interpretation (Amendment) Act 2012
14, 2012
________
28.12.12
[deemed to have
effect from
commencement
of Territories
Law Reform Act
2010,
No. 139, 2010,
(Cth)]
5 and 6
1979
Interpretation
22
Table of Amendments
ad = added
inserted
or
am = amended
Provisions affected
How affected
1
2
3
5
7
9A
10A
10B
10C
10D
am
am
am
am
am
ad
ad
ad
ad
ad
am
am
12
12A
12B
14A
15
20
20A
20B
20C
20D
20E
21
23A
23B
25
27
28
33A
35
36
36A
37
ad
rs
ad
am
ad
am
rs
am
rs
ad
ad
ad
ad
ad
am
am
ad
ad
am
am
am
ad
rep
am
ad
am
ad
ad
rs
rep = repealed
rs =
repealed
and
substituted
14, 1995
14, 1995
14, 1995
14, 1995
11, 1988
11, 1988
14, 1996
14, 1996
14, 1996
14, 1996
14, 2012
6, 1980; 20, 1980; 25, 1980; 19, 1981; 8, 1982;
2, 1985; 14, 1995; 14, 1996; 15, 2004; 14, 2012
2, 1985
17, 1999
17, 1999
21, 1999; 15, 2004
20, 1980
8, 1982; 14, 1996
14, 2012
25, 1980; 8, 1982
22, 1993
22, 1993
22, 1993
14, 1996
14, 1996
14, 1996
3, 2005
15,2004
14, 1996
14, 1996
14, 2012
14, 1996
6, 1980; 11, 1988
22, 1993
14, 1996
25, 1980
25, 1980
13, 1995; 14, 1996
14, 1996
25, 1980
15, 2004
1979
ad = added
inserted
Interpretation
or
am = amended
Provisions affected
How affected
38
39
39A
40
ad
ad
ad
ad
am
ad
ad
am
ad
41
41A
42
rep = repealed
23
rs =
repealed
substituted
and
25, 1980
25, 1980
14, 1996
25, 1980
14, 1996
2, 1985
13, 1995
14, 1996
2, 1985
_______________________________________________________________________
© Norfolk Island Government 31 December 2012
The Copyright Act 1968 of the Commonwealth of Australia permits certain reproduction and publication of
this legislation. For reproduction or publication beyond that permitted by the Act, written permission must
be sought from the Legislative Counsel, Administration of Norfolk Island, Norfolk Island, South Pacific
2899.