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1958. Acts Interpretation. No. 6189 29 No. 6189. ACTS INTERPRETATION ACT 1958. An Act to consolidate the Law relating to the Interpretation of Legislative Enactments and for Shortening the Language used therein. [30th September, 1958.] B E it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say) :— 1. This Act may be cited as the Acts Interpretation Act Short title 1958, and shall come into operation on a day to be fixed by m n e d n«ment. proclamation of the Governor in Council published in the Government Gazette.(a) 2. (1) The Acts mentioned in the Schedule to the extent Repeal, thereby expressed to be repealed are hereby repealed accordingly, schedule. (2) Except as in this Act expressly or by necessary implication provided all persons things and circumstances appointed or created by or under any of the repealed Acts or existing or continuing under any of such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed. (a) This Act is binding on the Crown. See section 14.
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No. 6189. ACTS INTERPRETATION ACT 1958.30 1958. Acts Interpretation. No. 6189 Construction of Acts to be subject to Common wealth of Australia Constitution Act. No. 3930 s. 2. " Commence

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Page 1: No. 6189. ACTS INTERPRETATION ACT 1958.30 1958. Acts Interpretation. No. 6189 Construction of Acts to be subject to Common wealth of Australia Constitution Act. No. 3930 s. 2. " Commence

1958. Acts Interpretation. No. 6189 29

No. 6189.

ACTS INTERPRETATION ACT 1958.

An Act to consolidate the Law relating to the Interpretation of Legislative Enactments and for Shortening the Language used therein.

[30th September, 1958.]

BE it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and

the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):—

1. This Act may be cited as the Acts Interpretation Act Short title

1958, and shall come into operation on a day to be fixed by mnedn«ment. proclamation of the Governor in Council published in the Government Gazette.(a)

2. (1) The Acts mentioned in the Schedule to the extent Repeal, thereby expressed to be repealed are hereby repealed accordingly, schedule.

(2) Except as in this Act expressly or by necessary implication provided all persons things and circumstances appointed or created by or under any of the repealed Acts or existing or continuing under any of such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed.

(a) This Act is binding on the Crown. See section 14.

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30 1958. Acts Interpretation. No. 6189

Construction of Acts to be subject to Common­wealth of Australia Constitution Act. No. 3930 s. 2.

" Commence­ment." No. 3630 s. 3.

Exercise of statutory powers between passing and commence­ment of Act. No. 3630 3.4; No. 5331 s. 2.

Construction of references to Acts passed but not in operation.

3. Every Act, whether passed before or after the commencement of this Act, shall be read and construed subject to the Commonwealth of Australia Constitution Act, and so as not to exceed the legislative power of the Parliament of Victoria, to the intent that where any enactment thereof would, but for this Act, have been construed as being in excess of that power, it shall nevertheless be a valid enactment to the extent to which it is not in excess of that power.

4. (1) In this Act, and in every Act whether passed before or after the commencement of this Act, the expression " commencement " when used with reference to an Act shall mean the time at which the Act comes into operation.(a)

(2) Where an Act passed on or after the first day of August One thousand eight hundred and ninety, whether before or after the commencement of this Act, or any Order in Council order warrant scheme letters patent rules regulations or by-laws made granted or issued under a power conferred by any such Act, is expressed to come into operation on a particular day, the same shall be construed as coming into operation immediately on the expiration of the previous day.

5. (1) Where an Act passed on or after the first day of August One thousand eight hundred and ninety, whether before or after the commencement of this Act, is not to ,come into operation immediately on the passing thereof, and confers power to make any appointment, to make grant or issue any instrument that is to say any Order in Council order warrant scheme letters patent rules regulations or by-laws, to give notices, to prescribe forms, or to do any other thing for the purposes of the Act, that power may unless the contrary intention appears be exercised at any time after the passing of the Act so far as may be necessary or expedient for the purpose of bringing the Act into operation at the date of the commencement thereof, subject to this restriction, that any instrument made under the power shall not unless the contrary intention appears in the Act or the contrary is necessary for bringing the Act into operation come into operation until the Act comes into operation.

(2) Where in any Act or document reference is made to any provision of any Act passed after the first day of January One thousand nine hundred and fifteen which at the time the reference was made had not come into operation the reference shall unless the contrary intention appears be given full effect in the same circumstances and to the same extent as if such last-mentioned Act had been in operation at such time.

(3) Any reference in any Act to any provision in the same or any other Act shall unless inconsistent with the context or subject-matter be read and construed as a reference to such

(a) See The Constitution Act Amendment Act 1958, section 60.

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1958. Acts Interpretation. No. 6189 31

provision as amended or re-enacted from time to time; except that if such provision is repealed and not re-enacted (whether with or without modification) then unless inconsistent with the context or subject-matter the reference thereto shall be read and construed as a reference to such provision as in force immediately before such repeal.

6. (1) Where an Act passed on or after the twenty-fourth day Effect of of December One thousand eight hundred and fifty-one, whether Ncottos. s; before or after the commencement of this Act, repeals a repealing No-6I82 s-2-enactment it shall not be construed as reviving any enactment previously repealed, unless words are added reviving that enactment.

(2) Where an Act passed on or after the twenty-fourth day of December One thousand eight hundred and fifty-one, whether before or after the commencement of this Act, repeals wholly or partially any former enactment and substitutes provisions for the enactment repealed, the repealed enactment shall remain in force until the substituted provisions come into operation.

(3) Where an Act passed either before or after the commencement of this Act repeals an Act or enactment whereby an earlier Act or enactment was directly amended, whether by the deletion of words or expressions therefrom, the insertion of words or expressions therein or the substitution of other words or expressions for words or expressions therein, the repeal of the amending Act or enactment shall not be construed as affecting the direct amendments made in the earlier Act or enactment or the operation or effect of those amendments unless the contrary intention appears.

7. (1) Where any Act passed on or after the first day of Effect of August One thousand eight hundred and ninety, whether before or J^rao 8.6 after the commencement of this Act, repeals and re-enacts with N0:5477S:Z or without modification any provisions of a former Act, references in any other Act or document to the provisions so repealed shall unless the contrary intention appears be construed as references to the provisions so re-enacted.

(2) Where any Act passed OP or after the first day of August One thousand eight hundred and ninety, whether before or after the commencement of this Act, repeals or amends any other enactment, then unless the contrary intention appears the repeal or amendment shall not—

(a) revive anything not in force or existing at the time at which the repeal 01 amendment takes effect; or

(b) affect the previous operation of any enactment so repealed or amended or anything duly done or suffered under any enactment so repealed or amended; or

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32 1958. Acts Interpretation. No. 6189

(c) affect any right privilege obligation or liability acquired accrued or incurred under any enactment so repealed or amended; or

{d) affect any penality forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed or amended; or

(e) affect any investigation legal proceeding or remedy in respect of any such right privilege obligation liability penalty forfeiture or punishment as aforesaid.

And 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 or amending Act had not been passed.

Construction (3) Where any Act heretofore or hereafter passed repeals to provisions and substantially re-enacts (whether in the same language or not) ?e<naculn8y any provision of a former Act and either expressly or by necessary Sowtions. implication saves the operation of the provision any reference

in the repealing Act or in any subsequent Act or in any document to the provisions as so re-enacted shall where the case so requires be construed as including a reference to the provision the operation of which is so saved.

For the purposes of this sub-section a reference in the repealing Act or in any subsequent Act or in any document to the Act or any Part Division or Subdivision thereof in which the provision is so re-enacted shall (unless the contrary intention appears) be construed as including a reference to the provision the operation of which is so saved.

(4) Where an Act confers power to make regulations or by-laws the repeal revocation rescission or amendment of any regulations or by-laws made under the Act shall not, unless the contrary intention appears in the Act regulations or by-laws effecting the repeal revocation rescission or amendment—

(a) affect any right privilege obligation or liability acquired accrued or incurred under any regulations or by-laws so repealed revoked rescinded or amended;

(b) affect any penalty forfeiture or punishment incurred in respect of any offence committed against any regulations or by-laws so repealed revoked rescinded or amended; or

(c) affect any investigation legal proceeding or remedy in respect of any such right privilege obligation liability penalty forfeiture or punishment—

and any such investigation legal proceeding or remedy may be instituted continued or enforced and any such penalty forfeiture

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1958. Acts Interpretation. No. 6189 33

or punishment may be imposed as if the repealing revoking rescinding or amending Act regulations or by-laws had not been passed or made.

8. All laws and all government or other public regulations which on the second day of May One thousand eight hundred and fifty-one had at any time been passed or made for the colony of New South Wales or for the district of Port Phillip and were then on the said second day of May One thousand eight hundred and fifty-one in force within the said district shall unless other provision has been lawfully made in respect of the same matters respectively by some competent authority or unless such laws or regulations have been repealed be deemed respectively and severally to have continued from the separation of the said district from the said colony of New South Wales and shall unless as aforesaid continue to be in force within and applicable to Victoria and to all persons matters and things therein in the same manner to all intents and purposes as if such separation had not taken place.

Legislation of New South Wales continued in Victoria after separation. No. 3630 s. 7.

9. Every Act passed on or after the twenty-fourth day of December One thousand eight hundred and fifty-one whether before or after the commencement of this Act, shall be deemed to be a public Act and shall be judicially noticed as such, unless the contrary is expressly provided by the Act.

Acts to be public Acts. No. 3630 s. 8.

10. All Acts to be hereafter made and passed may be divided ^{^g, ,^ into sections if there are more enactments than one.

in No. 3630 s. 9.

Every section of an Act whether passed before or after the section^ be commencement of this Act shall have effect as a substantive enactments. enactment without introductory words.

1 1 . ( 1 ) The headings of the Parts Divisions and subdivisions ^eead

a'j,tg^/°

into which any Act passed on or after the first of August One A«s.ar

thousand eight hundred and ninety whether before or after the No- 3 6 3 ° s ,0-commencement of this Act is divided shall be deemed to be part of the Act.

(2 ) Neither the marginal notes nor the footnotes to any such ^.f™'d

Act other than any annual Appropriation Act shall be deemed to footnotes not , r

J r IT r p a r t Qf Acts.

be a part thereof. 12 . This Act and every other Act may be altered amended or A

rm

re

en d

e ™ 1e n t

f repealed in the same session in which it has been passed, any law A«S in same or usage to the contrary notwithstanding.

13 . The provisions of this Act respecting the construction of Acts passed at or after a date or time specified or indicated in this Act shall not affect the construction of any Act passed before such date or time although it is continued or amended by an Act passed at or after such date or time.

No. 3630 s. 11.

Saving for past Acts. No. 3630 s. 12.

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34 1958. Acts Interpretation. No. 6189

14. In this Act and in every other Act, whether passed before or after the commencement of this Act, references to the Sovereign reigning at the time of the passing of the Act or to the Crown shall unless the contrary intention appears be construed as references to the Sovereign for the time being, and this Act shall be binding on the Crown.

15. Whenever in any Act of Parliament of Great Britain or of the United Kingdom of Great Britain and Ireland or of the Governor and Legislative Council of the colony of New South Wales in force in Victoria on the first day of July One thousand eight hundred and fifty-one the expression " colony " or " colony of New South Wales " or " territory of New South Wales " or " district of Port Phillip " is used the same shall mean " Victoria."

When by any such Act any proceeding act deed document instrument writing matter or thing of any nature or kind whatsoever can shall or may be had done performed executed received filed enrolled registered or certified by or before the Governor or Colonial Secretary of the colony of New South Wales or the Superintendent of Port Phillip, or by or before the Supreme Court of the said last-mentioned colony or any judge of such court, or by or before any other court in that colony or any judge justice or commissioners of such court or other person presiding therein, or by or before any justice of the peace in and for the said colony or any officer person or persons in the public service of the said colony, the same may be lawfully had done performed executed received filed enrolled registered or certified by or before the Governor or Chief Secretary of Victoria, or by or before the court or any judge of the court having in Victoria jurisdiction similar to that of any court in the said colony of New South Wales, or by or before any judge justice or commissioner of such court or other person presiding therein, or by or before any officer person or persons discharging in the public service of Victoria duties similar to those of the officer or person named in such Act, unless the contrary be plainly expressed or the context be rendered insensible by such interpretation.

When by any such Act any notice advertisement proceeding matter or thing shall or may be inserted given advertised or published in the Government Gazette of the said colony of New South Wales or in any public newspaper published in any city or town therein or placed or posted in at or upon any public or particular place in the said colony, the same shall be inserted given advertised or published in the Government Gazette of Victoria or in any public newspaper published in any city or town therein or placed or posted in at or upon any like public or particular place in Victoria.

References to the Crown. No. 3630 s. 13.

Meaning of certain words in Acts in force in Victoria on 1st July, 1851. No. 3630 s. 14. " Colony." " Colony of New South Wales." " Territory of New South Wales." " District of Port Phillip."

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1958. Acts Interpretation. No. 6189 35

16. Whenever by any Act whatsoever in force in Victoria on Meaning of the twenty-first day of November One thousand eight hundred Council " in

and fifty-six any matter or thing is required to be done in reference to^SoSS* to or connexion with the Legislative Council, such matter or thing November, shall be done in reference to and connexion with the Legislative 18S6-

Council and Legislative Assembly of Victoria respectively. No. 3630 s. 15.

17. In all Acts in force on or after the second day of October One thousand eight hundred and fifty-seven, or hereafter to be in force—

The expression " His Majesty " and " Her Majesty " shall (as the case may be) include his or her heirs and successors.

The expression " Governor " shall mean the person for the time being administering the Government of Victoria.

The expression " Governor in Council" shall mean Governor with the advice of the Executive Council.

The expression " Commonwealth Act " shall mean an Act of the Parliament of the Commonwealth of Australia.

The expression " infamous offence " includes perjury and any crime referred to in section one hundred and twenty-three of the Crimes Act 1958.

The expression " justice " shall mean a justice of the peace. The expression " land " shall include messuages tenements

and hereditaments houses and buildings, unless there are words to exclude houses and buildings or to restrict the meaning to tenements of some particular nature.

The expression " law officer " shall mean Her Majesty's Attorney-General and shall include any Minister for the time being acting for or on the behalf of the Attorney-General.

The expression " month" shall mean calendar month, unless words are added showing a lunar month to be intended.

The expressions " oath" and " affidavit" shall, in the case of persons for the time being allowed by law to affirm or declare instead of swearing respectively include affirmation and declaration, and the expression " swear " shall, in the like case, include affirm and declare.

Meaning of certain words in Acts in force in Victoria on or after 2nd October, 1857. No. 3630 s. 16; No. 5604 s. 2 (2).

"His Majesty." "Her Majesty."

" Governor."

" Governor in Council."

" Common­wealth Act."

" Infamous offence."

" Justice.'

" I and."

" Law officer.'

" Month.'

' Oath." ' Affidavit '

' Swear."

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36 1958. Acts Interpretation. No. 6189

" Person."

" Proper full name."

"Chief Secretary " and " Colonial

Secretary " to include " Minister." No. 3630 s. 17.

The expression " person" shall include a corporation unless there is something repugnant to or inconsistent with that interpretation.

The expression " proper full name " shall, in every case where a person has a christian name and surname, mean such christian name and surname, unless there be something repugnant to or inconsistent with that interpretation.

Words importing the masculine gender shall be deemed and taken to include females, and the singular to include the plural, and the plural the singular, unless the contrary as to gender or number is expressly provided.

18. Whenever in any Act whatsoever in force in Victoria the expression " Colonial Secretary " or " Chief Secretary " occurs such expression shall, if not inconsistent with the context, be deemed to be followed by the words " or the Minister in whose department this Act shall for the time being be administered."

Meaning of " Minister." No. 3630 s. 18; No. 5604 s. 2 (2) .

19. In this Act, and in every Act whether passed before or after the commencement of this Act, unless the contrary intention appears—

The expression " the Minister " shall mean the responsible Minister of the Crown for the time being administering the Act or the part of the Act in which the expression is used;

and where in any such Act any Minister is referred to by the title of his Ministerial office, such reference shall unless the contrary intention appears be deemed to include any Minister for the time being acting for or on the behalf of the Minister so referred to by the title of his office;

and where in any such Act there is a reference to a law officer, such reference shall unless the contrary intention appears be deemed to include, as well as the Attorney-General, any Minister for the time being acting for or on the behalf of the Attorney-General.

Short title of 18 & 19 Vict. s.55. No. 3630 s. 19.

20. The Statute made and passed in the session of the Imperial Parliament held in the eighteenth and nineteenth years of the reign of Her Majesty Queen Victoria intituled "An Act to enable Her Majesty to assent to a Bill as amended of the Legislature of Victoria to establish a Constitution in and for the Colony of Victoria" may be cited in all instruments documents and proceedings as The Constitution Statute.

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1958. Acts Interpretation. No. 6189 37

The Bill contained in the Schedule to the said Statute may be cited in all instruments documents and proceedings as The Constitution Act.

Every court of justice and other person whatsoever shall take judicial notice that Her Majesty in Council assented to the said Bill on the twenty-first day of July One thousand eight hundred and fifty-five; and that a copy of the said Statute and official information of the Royal assent to the said Bill were received by the Governor of Victoria on the twenty-third day of October in the year last aforesaid, and that the said Statute and Bill respectively were proclaimed in Victoria by the Governor thereof on the twenty-third day of November in the same year.

21. In every Act, whether passed before or after the %%££"""" commencement of this Act, the expression " Government Gazette " No. 36i0 s. 2c. unless the contrary intention appears shall mean the Victoria Government Gazette published by authority.

22. In every Act, whether passed before or after the i^^£|.°£in

commencement of this Act, expressions referring to writing shall f^™1!^ unless the contrary intention appears be construed as including NO. 3630s.ii. references to printing typewriting lithography photography and N0.6126S.2. other modes of representing or reproducing words in a visible form.

23. In every Act, whether passed before or after the Meaning of commencement of this Act, the expressions "statutory declaration" declaration " or " solemn declaration" shall unless the contrary intention dec'iamfon1" appears mean a declaration made by virtue of Division four of ^tur^Sl Part IV. of the Evidence Act 1958 or any corresponding previous No.3«os.22. enactment.

24. In every Act passed on or after the first day of August S jJjSjjy* One thousand eight hundred and ninety, whether before or after year." the commencement of this Act the expression " financial year " No-3630 s-23>

shall unless the contrary intention appears mean as respects any matters relating to the Consolidated Revenue or moneys provided by Parliament or to public taxes or finance the twelve months ending the thirtieth day of June.

25. (1) Where an Act passed on or after the first day of August J ^ ^ l °* One thousand eight hundred and ninety, whether before or after wwt.00

the commencement of this Act, or any regulation rule or by-law SS: I1261" I4' made whether before or after the commencement of this Act, authorizes or requires any document to be served by post, whether the expression " serve " or the expression " give " or " send " or any other expression is used, then unless the contrary intention appears the service shall be deemed to be effected by properly addressing prepaying and posting a letter containing the document and unless the contrary is proved to have been effected at the time at which the letter would be delivered in the ordinary course of post.

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38 1958. Acts Interpretation. No. 6189

As to service by registered post or certified mail service.

(2) Where by any Act or enactment or by any regulation rule or by-law whether passed or made before or after the commencement of this Act any document is authorized or required to be served by registered post whether the expression " serve " or the expression " give " or " send " or any other expression is used then unless the contrary intention appears such document may be served by properly addressing a letter containing the document and sending such letter prepaid either by the registered post or through the certified mail service and unless the contrary is proved service shall be deemed to have been effected at the time at which the letter would be delivered in the ordinary course by registered post or through the certified mail service (as the case may be).

Naval and military forces to include air forces. No. 3630 s. 25; No. 4683 s. 2.

26. Unless inconsistent with the context or subject-matter in every Act passed on or after the fourth day of August One thousand nine hundred and fourteen and whether before or after the commencement of this Act—

(a) any reference to His Majesty's or Her Majesty's navy or army or His Majesty's or Her Majesty's naval or military forces or the naval or military forces of the Commonwealth or to naval or military service therewith shall be read and construed as including a reference to His Majesty's or Her Majesty's air forces or the air forces of the Commonwealth or to service therewith (as the case requires); and

Meaning of " Allies."

(b) any reference to His Majesty's Allies (such reference being in relation to the war commencing on the date aforesaid) shall be read and construed as a reference to countries acting in naval or military co-operation with His Majesty in the said war.

Imprisonment with or without hard labour, Ac-No. 3630 s. 26.

27. Except where other provision is expressly made whenever by law (whether under any Act or not) imprisonment in respect of any offence whether directly or in default of payment or otherwise in default may be imposed by any court judge chairman or justice then in every such case such court judge chairman or justice shall have a discretion to determine whether such imprisonment shall be with or without hard labour.

Provisions as to offences under two or more laws. No. 3630 s. 27.

28. Where an Act or omission constitutes an offence under two or more Acts or both under an Act and at common law, whether any such Act was passed before or after the commencement of this Act, the offender shall unless the contrary intention appears be liable to be prosecuted and punished under either or any of those Acts or at common law, but shall not be liable to be punished twice for the same offence.

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1958. Acts Interpretation. No. 6189 39

29. Where any Act, whether passed before or after the Construction commencement of this Act, confers power to make grant or issue rules?*?17

any instrument, that is to say any Order in Council order warrant No. 3630 s. 28 scheme letters patent rules regulations or by-laws, expressions used in the instrument if it is made on or after the first day of August One thousand eight hundred and ninety, whether before or after the commencement of this Act, shall unless the contrary intention appears have the same respective meanings as in the Act conferring the power.

30. (1) Where an Act passed on or after the first day of construction August One thousand eight hundred and ninety, whether before Or as to exercise

after the commencement of this Act, confers a power or imposes aidXties. a duty, then unless the contrary intention appears the power may No.3630s.29. be exercised and the duty shall be performed from time to time as occasion requires.

(2) Where an Act passed on or after the first day of August One thousand eight hundred and ninety, whether before or after the commencement of this Act, confers a power or imposes a duty on the holder of an office as such, then unless the contrary intention appears the power may be exercised and the duty shall be performed by the holder for the time being of the office.

(3) Where an Act passed on or after the first day of August One thousand eight hundred and ninety, whether before or after the commencement of this Act, confers a power to make any rules regulations or by-laws, the power shall unless the contrary intention appears be construed as including a power exercisable in the like manner and subject to the like consent and conditions (if any) to rescind revoke amend or vary the rules regulations or by-laws.

31. In the measurement of any distance for the purpose of Measurement any Act passed on or after the first day of August One thousand eight hundred and ninety, whether before or after the commencement of this Act, that distance shall unless the contrary intention appears be measured in a straight line on a horizontal plane.

of distances. No. 3630 s. 30.

32. Every Act passed by the present or any future Parliament Acts to be shall be numbered in regular arithmetical series; and it shall be consecutively. sufficient to cite any such Act or any Act heretofore passed by No.3630s.31. the Parliament of Victoria in any other Act or in any document instrument or proceeding by the number of such Act only, without setting out the title thereof or the year of our Lord or of the reign in which the same is or has been passed.

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40 1958. Acts Interpretation. No. 6189

Citation of Acts. No. 3630 s. 32.

33. In any Act when any former Act is referred to, it shall be sufficient, if such Act was made before the seventh year of the reign of King Henry the Seventh, to cite the year of the King's reign in which it was made, and where there are more Statutes than one in the same year the Statute, and where there are more chapters than one the chapter; and if such former Act was made after the fourth year of the reign of King Henry the Seventh, to cite the year of the reign, and where there are more Statutes or sessions than one in the same year the Statute or the session (as the case may require), and where there are more chapters numbers or sections than one the chapter number or section or chapter or number and section (as the case may require), without reciting the title of such Act.

References to Imperial Acts. No. 3630 s. 33.

References to Common­wealth Acts.

References to Acts of New South Wales or Victoria.

34. Reference to any Act may be made (a)— (a) in the case of all Acts passed by the respective

Parliaments of England Great Britain and the United Kingdom of Great Britain and Ireland or the United Kingdom of Great Britain and Northern Ireland according to the copies of Statutes printed by the Queen's printer or the King's printer (as the case may be) or by the Government printer in Victoria;

(b) in the case of all Acts passed by the Parliament of the Commonwealth of Australia according to the copies of such Acts printed by the Government printer of the Commonwealth;

(c) in the case of all Acts passed by the respective Legislatures of the colonies or states of New South Wales and Victoria, according to the copies of such Acts printed by the Government printer of such colonies or states respectively.

And in every such case copies purporting to be printed as aforesaid shall be deemed to be so printed unless the contrary is shown.

Citation of parts of Acts. No. 3630 s. 34.

35. In any Act passed on or after the first day of August One thousand eight hundred and ninety, whether before or after the commencement of this Act, a description or citation of a portion of another Act shall unless the contrary intention appears be construed as including the word, section, or other part mentioned or referred to as forming the beginning and as forming the end of the portion comprised in the description or citation.

Incorporation of amendments on reprint of Acts. No. 5998 s. X

36. The Government Printer of Victoria after receiving a certificate of the Attorney-General in that behalf may on the reprinting of any Act reprint and issue such Act as amended by or pursuant to any Act.

(a) See Evidence Act 1958, section 76.

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1958. Acts Interpretation. No. 6189 41

37. (1) Whenever under the provisions of any Act now or Disquaiin-hereafter in force the members of any board or of the council of councillors any city town borough or shire or other public body are rendered bjd others

incapable by reason of bankruptcy or insolvency such incapacity &^p^oas' shall extend to every composition and assignment without creators. sequestration and every deed of arrangement under any law of No-3630s-35-the Commonwealth relating to bankruptcy.

(2) Whenever under the provisions of any Act now or hereafter in force any such person is rendered incapable by reason of insolvency such incapacity shall extend also to bankruptcy and the provisions of the last preceding sub-section shall apply accordingly.

38. All Acts in force on the twenty-ninth day of January One Application of thousand nine hundred and forty-nine shall continue and be dStens.Wsh

deemed to have continued to have effect in relation to Irish NO. 5846 S. 2. citizens who are not British subjects in like manner as they have effect in relation to British subjects and any reference in any such Act to Ireland shall include and be deemed to have included a reference to the Republic of Ireland.

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42 1958. Acts Interpretation. No. 6189

Section 2. SCHEDULE.

Number of Act.

3630 3930 4683

5331

5477

5604

5846

5998

6126 6182

Title of Act.

Acts Interpretation Act 1928 Acts Interpretation Act 1930 Acts Interpretation (Amendment) Act

1939 Statute Law Revision Act 1948

Acts Interpretation (Amendment) Act 1950

Solicitor-General Act 1951

Statutes Amendment Act 1954

Amendments Incorporation Act 1956 . .

Acts Interpretation (Service hy Post) Act 1957

Acts Interpretation Act 1958

Extent of Repeal.

The whole. The whole. The whole.

Item in schedule referring to the Acts Interpretation Act 1928.

The whole.

Sub-section (2) of section 2.

Section 2.

The whole.

The whole.

The whole.